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THE UNIVERSITY BULLETINS 

JULY 1, 1902 



NUMBER 11 



THE UNIVERSITY OF NORTH CAROLINA 



James Sprunt Historical Monogra 
No. 3. 




Letters of Nathaniel Macon, John Steele and William 

Barry Grove, with Sketches and Notes 

by Kemp P. Battle. LL.D. 



PUBLISHED BY THE UNIVERSITY 
CHAPEL HILL, N. C. 



e: 



THE UNIVERSITY PRESS 
CHAPEL HILL 



11 JAN 1906 
D. ofD. 



INTRODUCTOHY. 



The James Sprunt Monograph No. 3 consists of letters, not 
heretofore published, from Nathaniel Macon, John Steele and 
William Barry Grove, written at various times from 1792 to 
1S24, with copious notes explanatory of the allusions therein. 
The orig-inals are among- the papers of General Steele, which 
were transferred to the University of North Carolina in accord- 
ance with the will of the widow of David L. Swain, once 
Governor and President of the University. The letters of 
General Steele are co])ies retained by him and in his hand- 
writing-. I prefix short sketches of each of the writers, and 
of James Hog-g-, to whom some of the letters of Mr. (rrove were 
addressed. There will be found also a letter of Colonel Jo- 
sejdi McDowell, of Quaker Meadows, in reply to one from 
General Steele. 

Kkmp p. By\TTLE. 



NATHANIEL MA (JON 



NalliiiniL'l Macon, of Huo-uctKil descent, was born in Warren 
county, Nortli Carolina, in December, 1737. His father, Gid- 
eon Macon, was a prosjierous farmer, and his mother, Priscilla, 
daiig'hter of Kdward Jones, was of the best and ohlest families 
of Warren. He was at Princeton Universit}- (then CollesJi-e of 
New Jersey) when tlie Revolutionary war broke out, left col- 
leg^e and enlisted as a private, but resigned from the army by 
advice of General Greene, when he was elected to the (General 
Assembly. He .served as Senator 1780-'81-'82 and 17SS and 
'S(); after that, giving- place to his brother John, who was an 
esteemed Senator and Commoner for fourteen years. In I7'n 
he took his seat as Kej^resentative in Congress and was con- 
tinuously re-elected until J815 when he was transferred to the 
SenaR\ He was Speaker of the House 1791 to 1806. His ser- 
vice as Senator continued until 1828 — for three years, 1S2S, 
is2(i and 1S27 being President pro tempore. He thus liad 
thirtv-seven years of continuous service, elected with little op- 
position. ^''irginia voted for him as Vice-President in 1S24. 
His leaving the Senate in 1828 was on account of the inlirmi- 
ties of (tld age. He thereafter resolved to lead a quiet life but 
was drawn from his retirement to serve in the Constitutional 
Convention df IS.^3, of wliicli he was unanimously elected 
Presichnt. His last public work was as Elector on the Van 
Iluri-n ticket of IS.^7. His death occurred the same year, 
Juni' 2'itli. 

His Congressional career, together with others of his let- 
ters, and additional i)articulars of his family and private life, 
are given in the Janus Sprnnt Historical Monograph No. 2. 
In politics li*.' was a very strict construction Kejiublican, a 



JAMES SPRUNT HISTORICAL MONOGRAPHS O 

Crawford man and a Democrat, but he occasionally refused to 
follow bis party when in his opinion it deviated from the 
straig-ht path. He was a Trustee and warm friend of his 
State University. The strictness of bis integrity in private 
equalled that of bis i)olitical life. 



JOHN ^STEELE. 



John Slocl».', wlio, on ;iccouiil ol liavinj^- l)L'Ln elected by t.li>-' 
(loneral Asseinldv to the hif^hesl post in the militia, is usually 
ealled (iriural Steele, was horn in Salishury. North Carolina, 
in 17<>5. He was the son of William Steele and I-'Jizaheth, his 
wile, the latter heini^ known in history for a most praise- 
W(»rlh\ ael in the darkest hour of the Revolution. On the 
1st of Kehruarv, 17S1, Gen. (xreeiie spent the ni;jht at her 
house. Dr. Read, who had char«>e of the American hospital 
at Salishury, called to see him. Said the Cieneral: "l have 
ridden hard all day in the rain. I am fatij^ued, hungry, lone 
and penniless." Mrs. Steele overheard the words. She went 
to her hilling- place and Itrought out two hags of specie, all 
she had, the saving-s of years, and ga\e tluin to him, saying: 
"Take these, you will need them. I can do witliout them." 
It was in her parlor that the picture of George III was hang- 
ing-. Gen. Greene turned the face to the wall and wrote on the 
back, "Oh, George! hide thy face and mourn!" 

John Steele, the son of this most excellent woman, was a 
merchant and a ])lanter. lie re])resented the borough of Salis- 
burv in the House of Commons in 17S7 and 17SS, and in the 
Conventions called to pass t«n the Constitution of the United 
Stales in 17SS and 17S'). His vole in both was given for the 
Constitution, which was rati HlmI November 2 \ 17S'). 

Mr. Steele was chosen to be one id' the lirst numbers < d the 
I'nited States House of Kepreseiilalives, and took his seat 
April I'Hli, 17*'o. llugii Williamson had i)rece(led him on 
March Kiih, Jolm Haplisl .\she on the 24th of the s;iiiu' 
month, 'rinu>tli\ IMnodworlh on the <>ih (d' A|>ril. and John 
Sevier, from acrt>ss tlie mountains, did not appear until the 
l<>th «d June. 



JAMES SPRUNT HISTORICAL MONOGRAPHS 7 

General Steele was a warm admirer of President Wasliinjj- 
ton but not an unquestioning- suj. porter of all the administra- 
tion measures. In common with his colleagues he opposed 
Hamilton's plan of the assumpti. n by the Union of all the 
debts of the States contracted for gaining our independence, 
believing that it was impossible to adjust the account equita- 
bly. As might be expected he voted for the location of the 
seat of government on the Potomac. In 1791 he supported 
the bill for establishing- a national bank, the constitutionality 
of which was fought so earnestly by Jefferson, Madison and 
their followers. Sevier agreed with him, but Ashe, Blood - 
worth and Williamson were on the other side. On the ques- 
tion of reduction of the army he was earnestly in favor of the 
measure, making strong and elaborate speeches, endeavoring 
to show the superiority of militia over regulars. His motion, 
however, did not prevail. Of his colleagues Ashe, Grove and 
Macon were with him on this question, Williamson against 
and Sevier absent. On the resolutions of censure of the Sec- 
retary of the Treasury, he voted uniformly, with Williamson, 
in opposition to Ashe and Macon, in Hamilton's favor. Grove 
favored one of the resolutions. 

Mr. Steele's course in moving to reduce the army, being- 
perverted into indifference to the sufferings of the frontiers- 
men from Indian hostilities, probably caused his defeat for the 
3rd Congress. That he was appreciated by the State at large 
is shown by the fact that he was elected by the General As- 
sembly Major General of Militia, and also at a later period, 
1806, a Commissioner, with Montfort Stokes, afterwards Gov- 
ernor, and Robert Burton, who in l787-'88 was a member of 
the Congress (jf the Confederatitm, to adjust the boundary line 
between North and South Carolina. For this purpose the 
commissioners chose as their scientific expert, Kev. Dr. Joseph 
Caldwell, President of the University of North Carolina. 
Their action was ratilied in 1813. 

In 179(), by the appointment of Washington, he undertook the 
responsible duties (jf tirst Comptroller of the Treasury, and 



H THE I'MVERSITY Ul'LI-ETINS 

held llii^ posiliuii uiuil lH()2 with such acccptahilitv that he 
was rciiuesteil by Presi(K-nl JolTi-rson to oonlinue in the office. 
He determined however to resi;^n. eliieHy on account of un- 
willin«4-ness to l^e separated from his family and similar un- 
williiijrness, to remove them to Washiuiiton. 

It has been mentioned that lie was a memi)er of the House 
of Commons fn^n the horouj^^h of Salisbury in 1787 and 1788. 
He was aiiain a member in 17'>4 and 17')5, also in 18()(», 1811, 
1812 and l()i;v In 1811 he was Speaker of the House. He 
was ag-ain elected a member of the House on the 14th of 
Aug"iist, 1815, but died on the same da}-. 

General Steele married Mary Nestield, of Fayettcville, N. 
C, whose ancestors emiiji^rated from Dublin, Ireland. She 
survived him many years. They liad three dau<<-hters, Ann, 
who became the wife of General Jesse A. Pearson, an uncle of 
Chief Justice Richmond M. Pearson; Maryfaret, who married 
Stephen r.. Ferrand, M.D.. and was grandmother of John 
Steele Ilentlersoii. late a representative in Congress frcmi 
North Carolina, and thirdly, Eliza, wife of Colonel Robert 
MacNamara. 

General Steele was universally recoj^nized as a man of 
sound judjrment and loftiest intej^-rity. He was in all respects 
a nKtdel citizen. 



WILLIAM BARRY (IROVE. 



Wm. Barry Grove, althoug-li once a prime favorite with a 
larg-e and intellig-ent District and for twelve years a member 
of Cong-ress, has almost disappeared from our history. As his 
family man}' 3^ears ag-o removed to the West or Southwest, 
their residence not being known, no information has been ob- 
tainable from them. Mr. Edward R. McKethan, a prominent 
lawyer of Fayetteville, and Mr. Allan A. McCaskill, an ag-ed 
and very intellig-ent citizen of Cumberland, enable me to give 
a few facts of his history. 

His mother married Robert Rowan, who g-ave the name to 
Rowan street in Fayetteville. His stepfather appointed him 
as one of the executors of his will and devised to him a lot of 
g-round on that street. His residence was that of his step- 
father, the colonial mansion at the corner of Rowan and 
Chatham street. It was a notable structure for that day, its 
situation on a hill, with the basement of brick, g-iving- it a 
striking- appearance. Mr. McCaskill remembers that its su- 
periority to the other houses of the neig-hborhood was such as 
to remind him of an old baronial castle. It has long- agfo dis- 
appeared but the ground is called the Grove lot to this day. 
Mr. Grove dispensed a bountiful hospitality. The town was 
on one of the main lines of travel between the South and the 
North, Members of Cong-ress, journeying-, many of them on 
horseback, to and from the seat of g-overnment, often found it 
convenient to become his gfuests, the duration of the visits 
being- limited only by the will of the g-uests. 

As his stepfather devised to his mother his plantation, called 
Hollybrook, it is probable that he inherited it. At any rate 
his style of living- showed that he must have had other in- 



10 THE UNIVERSITY BULLETINS 

come ihiiii the reeeipls ol" his prulcssioii, Uuil ol" the law, unci 
his per diem as Representative. 

Of the early Hie of Mr. Cirove we know nothing-. We lirst 
hear of him as in 17S4 Kej^ister of the rounty of Fayette (as 
Cumberland was called by act of Asseml>lv of that year, soon 
to resume her first name). His popularity is proved by his 
election to the House of Commons in 178(), 178S and ITS'). In 
17SS he was likewise a delej^-ate to the Convention called lo 
consider the Constitution of the United States, and voted with 
till' minority a«;ainst the resolution to i)ostpone it. He was 
sustained by his constituents, and the next year was elected a 
memljer of the Convention of ]7^'K as well as of the (Tcneral 
Assembly. In this Convention he was one of the r>4 aj^ainst 
77 which made North Carolina a part of the Union. He 
also succeeded in havinj^- the State constitution of 177() 
amended so as to make Fayetteville a borough town, en- 
titled to a member in the House of Commons, as were Kden- 
ton, Newbern, Wilming-ton, Halifax, Hillsborouj;h and Salis- 
bury. He had two years before induced the (ieneral Assembl}' 
to constitute Fayetteville a district court town, in which su- 
perior courts Were held twice a year for several counties. 

Mr. Grove's popularity was such that he was easily elected 
to the first Con«vress and continuously thereafter until he went 
<lown in 1S(>3 before the irresistil)le Republican party. He 
was thus a member of the House of Representatives of the 
United States durinj^' the most critical period of the new {gov- 
ernment. He served durin<^- most of the administration of 
Washiuj^ton, all of that of Adams and two years of JetTerson. 

He was in the main a supporter of the measures known to 
be api)roved by the Federal leaders. On (piestions rej^arded 
as (d" peculiar interest to the South he voted with his section. 

He opposed the bill {^-ivintj- bounties to the j^reat (ireat 
Hank and Cod Fisheries. When Washington vi-toed the bill 
to apportion rej)resentalives, because not in accordance with 
llie Constitutittn he sustained the President. lie naturallv 
favored till law for the restoration of fu«iitives laves, and did 



JAMES SPRUNT HISTORICAL MONOGRAPHS 11 

not favor the proposal to levy duties on tobacco and sug^ar. 
He opposed the increase of our navy for the Alg-erine war. 
In the dispute with Great Britain, which led up to Jay's 
Treaty, he favored the non-Intercourse measure, and notwith- 
standing its unpopularity in North Carolina, voted for carry- 
ing into effect the provisions of the treaty. In this he was 
conspicuous for courage, as with him were only three mem- 
bers south of the Mason and Dixon line, all the other South- 
ern members siding with Madisi)n and other opponents of the 
treaty. He g-ave his vote for the direct tax, and for appro- 
priating a sum sufficient to finish the frigates Constellation, 
United States and the Constitution, (old Ironsides). Heg-en- 
erally sustained President Adams. He voted for protection 
to our c(>mmerce, and establishing a naval department. In 
contemplation of a probable war with France he favored rais- 
ing a provisional army. He showed more courage than polit- 
ical discernment when, alone, of all the members from his 
State, he voted for tlie Alien and Sedition laws. Other meas- 
ures supported by him are the suspension of Intercourse with 
France, the prohibition of the slave trade, mausoleum to Wash- 
ington, and the repeal of the Sedition law. He opposed the 
the repeal of the act authorizing the appointment of addition- 
al judges, usually called the "Midnight Judges," also the ad- 
mission of Ohio as a State, and the receding to Virginia and 
Maryland of jurisdiction over the District of Columbia. 

The foregoing statement shows why Grove, like Davie and 
other able and patriotic Federalists, was unable to withstand 
the overwhelming- forces of Jeffersonian Republicanism. 

Grove's political career, was closed after losing his seat in 
1803. He however did his State much service as an active and 
efficient worker for its University. It shows his hig^h rank in 
the public confidence, that, when in 1789 in its charter were 
named as Trustees forty of the most eminent citizens who 
had already attained, or were destined to attain, the highest 
positions as Governors. Senators, Judges, Representatives in 
Congress, and the like. Grove was one of the number. He 



THK UMVKKSITY BULLETINS 



held llli^ olViLi.' until isis. ])r(il>al)lv the (hite ol his death, and 
was alwavs ready to «j;"ive the stru^j^iing' institution wise <ind 
ready aid. President Caldwell was in the lialjit of consulting- 
liini about the appointment ol I'roi'essors, and the purchase of 
books and apparatus for instruction. On the whole he was 
an honoral)le, intelligent and highly respected servant of the 
people. 



JAMES HOGG. 



James Hog'g" was no politician and never aspired to, and 
probably would never have accepted, public office. He was, 
however, one of the most influential men of his day, and his 
descendants have been, and are now, most honorable and use- 
ful citizens. 

He was a native of East Lothian, Scotland, and resided in 
that section until after his marriage and the birth of several 
children. He then removed to a farm leased by him in the 
parish of Reay, near Thurso. He was made a Justice of the 
Peace and, by his activity in the detection and punishment of 
crime, then very prevalent in the Hig-hlands, he incurred the 
bitter enmity of the natives. In the autumn of 1770 a ship 
was wrecked on the rocks in sig^ht of his home, and, as in duty 
bound, he displayed great energy and pluck in saving the 
goods from the wild wreckers, who claimed the ancient right 
of pillage. A company was formed to murder him. His 
home was broken into and tinding that he was absent the mal- 
efactors burnt it. Nothing daunted he did not rest until the 
perpetrators were brought to justice. He then determined to 
emigrate to North Carolina, where some of his relations had 
preceded him. After much storm}^ weather and consequent 
delay he landed in Wilmington in 1774. By his persuasion a 
goodly number of his neighbors accompanied him, among 
them, the Straughans, or Strayhorns, Craigs, and McAuleys. 
He settled first at Fa3'ettville, as a merchant, carrying on bus- 
iness at that town and Wilmington, in conjunction with his 
consins, Robert and John Hogg. 

During the Revolution he took the side of the colonies and 
served during the war on the Committee of Safety, travelling 
on one occasion to Connecticut on public business. 



14 THE UNIVECSITY BULLETINS 

Alter llu- war hv conliiuK'd liis morcaiilile pursuits lor 
sonu' 3'C'ars, and then concluded to retire from l)usiness and 
devote liimself to ajji^riculture. Tie purchased a plantation of 
1 K.tt acres on both sides of lOno river near the corporate limits 
of Ilillsboro, and for some time resided on the north side of 
llu- river in what is now called "the Old House," in the beau- 
tiful park of the late Paul C. Cameron. He then in 1880 
built him a home on the south side and named it Poplar Hill, 
for many years afterwards the residence of the Norwoods, 
now tlie model farm of Julian S. Carr, called Occonechee. 
There are still on the place ornamental trees and shrubbery 
of his planting-. 

Mr. Hog-g was one of tin- i)icked men of the State — forty in 
number, selected in 1789 to carry into effect the mandate of 
the Constitution of 1776 requiring- the establishment of the 
Universit}-. In those days of wretched roads and few bridges 
travelling was attended with numerous discomforts, but he 
was one of the most punctual and active Trustees. He was 
at the first meeting on the 28th of December, 1789, and at the 
second in November, 1790,, when; as agent of General Benja- 
min Smith, he presented to the Board warrants for 20,000 acres 
of land to be located in West Tennessee, whenever the Indian 
title should be extinguished. He also answered to the roll- 
call in August 1792 and doubtless voted with the majority-, 
for Cyprett's Bridge over New Hope in the county of Chatham, 
as the centre of a circle thirty- milesin diameter, within which 
the University should l>e located. When one commissioner 
from each Jucidial District was balloted for to select the site, 
he was elected, the others being Wm. Porter, John Hamilton, 
Alexander Mebane, Willie Jones, David Stone, Frederick Har- 
gett, Wm. II. Hill. On November 1st, 1792 he met at Pitts- 
buro live of these commissioners, Ilargett, Mebane, Hill, Stone 
and Jones. After inspecting various points in Chatham, the)' 
fixed on Chapel Hill, the owners of the land generously donat- 
1080 acres. 

Mr. TIoL'-'r's interest in the University did not end here. He 



JAMES SPRUNT HISTORICAL MONOGRAPHS 15 

assisted the young- institution by his wise counsels in the se- 
lection of its professors, the adoption of its curriculum and 
starting- on its career of usefulness, until his resig-nation in 
1S02, which was caused by a paralytic stroke, under which he 
ling-ered until his death in 1805. 

The family name of James Hog-g-, which is said to mean in 
Scottish, a year-old lamb, is not among his descendants. 
Those were the days of rough jokers, who spared not ag-e nor 
dignity. Annoyed by witticisms on boars, pork, shotes, pig-s, 
haras, sausages and other hog- products, in allusion to him- 
self and his children, he applied successfully to the General 
Assembly to change the last name of his sons Walter and 
Gavin, to Alves, their mother's maiden name. He said that 
his (laughters had power to change their own names and 
lience they are not found in the Act of Assembly. 

He was a member of the great Transylvania Company, of 
which Judge Richard Henderson was President. This com- 
pany assumed to buy of the Cherokee Indians an immense 
tract of country, part of the present states of Kentucky and 
Tennessee. The states of North Carolina and Virginia de 
clared the sale illegal, but each allowed the company 200,000 
acres by way of compromise. Some of the descendants of Mr. 
Hogg left the State and settled in Kentucky on part of this 
purchase. 

The wife of James Hogg- was McDowal Alves, daug-hter of 
Alexander and Elizabeth (Ingles) Alves. Of their children 
Walter and Gavin Alves were successively Treasurers of the 
Universit}' and the former was also Secretary and Trustee. 
Walter Alves was Commoner of Orange county in 1793, 
'94 and '95. He married Amelia Johnston, daughter of an- 
other member of the Transylvania Company, a merchant of 
Hillsboro,and settled near Henderson, Kentucky, said to have 
been named after John Henderson, who married his daughter. 
There are many descendants of Walter Alves, five of whom 
in the first quarter of the late century, were students of the 
Universitv of North Carolina. 



16 THE UNIVERSITY BULLETINS 

Ot the (lau<4'l)tcrs ol James lloji^g all chanj^cd their names. 
Elizabeth married John Huske, leaving- two ch"il<lren, John, 
from whom arc descended the Huskes of Fa3'etteville, promi- 
nent among- whom was the late Rev. Joseph Caldwell Huske, 
D.n., and Anne Alves, the wife of Mr. James Webb, of Hills- 
bortt, from whom came man}- excellent citizens. Helen, the sec- 
ond daughter, married Wm. Hoojier, son of the sig-ner of the 
Declaration of Independence of the same name, and had a son, 
William, who became a prominent professor of Ancient Lan- 
guag-es and Baptist preacher. She married a second time, 
Rev. Joseph Caldwell, D.D.. President of the University for 
thirt}- years. They had no children. 

Robina married Judg"e William Norwood, and left a numer- 
ous and influential posterity, among^ them Rev. Wm. Norwood, 
D.D., of Virginia, the sound lawyer John W. Norwood, of 
Hillsboro, Colonel Wm. Bing-ham, Colonel Robert Bingham, 
and Major Wm. l^ingham Lvnch. 

On the whole, considering the good he did in his day, and 
the incalculable beneiicial influence of his descendants, it may 
well be doubted wlicther our State has ever had a more valu- 
able citizen, than James Hogg. 



JLETTERiS. 



Gen. Steele to Col. Jos. McDozoclL' 

Salisbury Novemr. 20th, 1794. 
Sir: 

I have been informed by several persons thai dur- 
ing- the late Superior Court at Mort^anton, you took 
the trouble to circulate a variety of objections against 
my conduct, while acting- in the capacity of a Repre- 
sentative in Cong-ress. 

Wliat purpose these objections -were intended to 
answer or what motives produced them are equally 
immaterial, the public manner in which they were 
mentioned entitles them to some notice. This can 
only be done at present by requesting that you will 
do me the favor to particularize in writing such parts 
of my public conduct as amount in your estimation to 
a dereliction of the interests of the State which I then 
represented and particularly what authorized you to 
say that I \vas not a friend to the western parts of 
North Carolina. 

In doing- this, let nothing- be kept back, for scruti- 
ny is desirable where motives are pure and actions 
virtuous. 

Truth which is due to an enemy, as well as a friend 
is all I require, and if you have been imposed on by 
misinformation in reg-ard to me, I will venture to be- 
lieve, that your candour, upon being- better informed 
will induce you to acknpwledg-e it. In the mean- 
time however I cannot help lamenting-, that you or 
any representative of North Carolina should be 
willing- to receive impressions unfavorable to a citi- 
zen of your own State, from the report of mere 
strangers,' while Mr. Macon and Mr. Grove were 
present, from whom the truth, and all that the truth 

2 



18 THE UNIVKKSITY BULLETINS 

ini^lil li;iw hoL'ii dhlaiiU'd. TIk'sc ^i-nlk'nu'ii arc iii- 
(K'lu-ndc'til of all i>arties, thov nnisl recollect that the 
Representatives ol" this State were unanimous on the 
motion to reduce the army as amended by Dr. William- 
son, and in opposition to the extention of the indian 
war, thev rememher also the reasons which iniluenced 
these two votes, and on their report I intend to rest 
this part of the business. 
Copy of a letter to Col. Jo. McDowal, inclosed to Mr. (Trove. 

' These first two letters throw light on tiie first letter of 
Macon, which follows. 

All the letters are printed with the sjiclling-, etc.. (»f the 
oriiJi^inals. 

Col McDozvcll to Gen Sleek: 

I)hiledelphia Jan.-l 2th-l 7'>5. 
Sir 

I received your letter the contents of which I have 
attended fo and as to what you mentioned that should 
have fallen from mc at Mor<^anton at the September 
terme, I recollect jierfectl}' that when in conversation 
with the Judges & Some of the attorneys, when poli- 
tics were the subject of conversation, and the ])arties 
in Congress mentioned and tlie part that ditTerent 
Char.icters had taken ik you among others, I recollect 
mentioning that vou were considered bv a great num- 
ber of the Memi)ers from the Southern States and bv 
those from Pensylvania & Virginia in perticular, to 
have joined the aristocratical parly, stating- that 
when you first came forward and perhaps for the first 
Session you were strongly ojiposed to the " Secre- 
tary of State, ik to certain men and measures, but that 
they had by some means they could not account for 
got you to join tlu'ir ])arty and that afti-r which you 
advicated their Charactors vSi Cause more streneously 
than vou had at first opi)()sed it I not ready at first 
to cri'dit this report i>ut when so repeatedly stated, I 
beg-an to suppose Iht-re was some truth in the asser- 
tions, 

and as to what I mentioned respecting your 
Conduct towards the frontiers, that I took from the 



JAMES SPRUNT HISTORICAX, MONOGRAPHS 19 

assertion of Mr. Dayton of Jersey in the House which 
was not contredicted by an\' person and further it was 
mentioned to me in privet by Mr Clark who broug"ht 
forward the resolution, for calling- forth the Melitia 
for the protection oF the Southwestern Frontiers to 
act on the defencive or offencive — which I found you 
Voted ag-ainst and was told you exerted j'ourselfc in 
argument against which I did not think so much of as 
your ater Conduct as Stated by Mr. Dayton ^ in 
the House — when he Called up your Conduct and stat- 
ed that you argtied and acted differently when the 
g-alcries were Open than v/hat you did when they 
were closed, and further Stated your — Callingup sev- 
eral letters, Charging the Conduct of the people on 
the frontiers and that assig^ned & exposed their con- 
duct to the extent, and that you stated you well knew 
the Whites were as much if not more to blame than 
the Indians and mentioning your having- a General 
knowledg-e of their transactions but how you acquir- 
ed that knowledg-e 1 am at a loss to say, but admit- 
ing- it to be the fact — Such an account of the Conduct 
on the frontiers must opperate strongly against pro- 
tection being granted them as you well knew the Op- 
position which generally exists with Eastern States 

and I do asure you I want to have .been frend- 
Iv enoug-h to have wrote 3'ou respecting- the — manner 
in which Mr Davton araigned your Conduct, but ex- 
pecting MrGrove or Mr Macon would as you and them 
was in the habit of corresponding- with you, the in- 
fermation and report of your conduct made such im- 
pressions on my mind as I conceived to oe my duty to 
make it known and in that way that you would heare 
of it, but as to my mentioning many people or tak- 
ing- ]jains to do it is wrong- and as to what you men- 
tion about Motives you Sir nor no other Man under 
heaven has a rig-ht to call in question as I have given 
j>roffs Sufficient t) the world — 

the inclosed paper will give you the news — 
I am Sir 
jour most Humble Servant 
Jos McDowell 

Genl. 

John Steele — 



20 THE UNIVKKSITY HULLKTINS 

NOTKS. 

' TluTi.' were two Joseph McDowells. The writer oT this 
letter was known as a "Ouaker Meadow Joe," the other, his 
counsin and brother-in-law, being- "Pleasant Garden Joe." 
The lirst wa>. major at Cowpens antl Kinj^'s Mountain, often 
a member ol the Cieneral Asseml)ly, a member of the Consti- 
tutional Convention of 1788, and a representative in Congress, 
17S8-'')5 and 17*J7-'W. In 17'i7 he was a commissioner to run 
the dividing line between North Carolina and Tennessee. He 
died August 11 th, 1801, aged forty-five. — a strong Republi- 
can. 

Joseph McDowell Jr., of Pleasant Garden, was a physician, a 
captain at King's Mountain; member of the Constitutional 
Convention ol 1788, and of the General Assembl}-. 

' As Jefferson was Secretary of State it is probal)le that Col. 
McDowell meant to write Secretary of the Treasury (Hamil- 
ton). 

Jonathan Dayton, of New Jersey, — officer in the Revolu- 
tionary army, delegate to the Constituti(^nal Convention of 
17S7; Representativi- 17'»l-"'»'»; Speaker of the House, l7'>5-''>9. 
A friend of Aaron Ihirr and suspected of being jirivy to his 
conspiracy in 1807. 

XdZ/uDiirl Macoi fo /o/ni Slcc/c. 

Philadel])hia Deer. lUh-17'M.' 
Sir 

Your letti'r of llie 22d ultimo • addri'ssed t(» Mr. 
(irove, which was intende<l as well to myself as him, 
has bi'cn slu'wn me together with its enclosures. The 
speech was delivered during my confinement the date 
of Clarks motion '■ will j)lainly shew you this, and I 
am really sorry tliat it is not in my power for that 
rcasfm to say a word on that sul)jcct or to sig-n the 
cerlilicatc agreable to your desire, Although I was 
not present wht-n you made the speech, 1 remember 
perfectly well, tiiat you. (irove and myself agreed 
that tlu- motion, which occasioned it, was a very im- 



•TAMES SPRUNT HISTORICAL MONOGRAPHS 21 

portaiit one, and that we agreed in sentiment on the 
subject, and as well I recollect the speech contains 
the substance of our conversations on the subject of 
the motion, except that I thouj^ht the constitution 
would not warrant the giving- such power to the Pres- 
ident, though I could not have macle the observation 
in the house for a reason before mentioned. On a bill 
of a similar nature last session I made objections of 
the same kind. Indeed I am certain, that *L never 
shall consent to give such a power to any President 
— Grove and myself have examined the journal for 
the message of the President which you want. But 
have not been fortunate enoug"li to find such a one, 
the other papers he will send you 

It appears to me that proper reflection and time will 
convince every one, that you have deserved well of 
the State, It is said there are ^ two parties in Con- 
gress, But the fact I do not positively know, if there 
are, I know that I do not belong to either. But what 
is strange to tell, and at the same time must be a con- 
vincing- proof that you acted independently, is, that 
there is good reason to believe that neither of these 
parties are desirous to see you here again — 

With sentiments of respect and esteem 
I am Sir 

Yr most Obt- Sert 

Nathl Macon 
Genl. Steele 

NOTES. 

' The seat of g-overnment under the present constitution was 
for the first year l789-'90 at New York, then at Philadeli)hia 
until 1800, then removed to Washington City. 

^ We have not a copy of this letter. 

''Wu). Barry Grove, a sketch of whom may be found on 
preceding pag^es. 

* It seems that Steele was accused of having joined the 
"Aristocratic party." Also that on Clark's resolution for call- 
ing out the militia for the protection of the Southwestern 
frontiers. Steele was in the opposition and was alleged to 
have said that the whites were as much to blame as the In- 



22 THE TNIVEKSITY BL'LLETINS 

tliaiis. ()1 course it was clKirgx-d lliiil Ik- was not a Iriciul to 
the [tooplc of the West. lie seems to have apitlietl t<» Mr. 
Macon to set him straif^^lit. 

'Al)rahani Clark, whootTered the resolution w.is in the Con- 
tinental Conj^ress 177(»-'82; in that of the Confederation ITST-'H 
and Representative in Con«;ress of the United States 17''l-''»4. 

Tlic Presidential powers considered by Mr. Macon to be 
dang'erous were such as the exclusive authority to issue pass- 
ions to those g'oiii}^ beyoml the Indian boundary line, to re- 
move l)v force those atleinptiiis^- to settle west of the line, to 
^ive redress to those injured by the In<lians. 

^ Historians are jjenerally of the opinion that the advocates 
of a strong- «;()vernnient and those jealous for States' Kig-hts 
weri- in opposite camps before Uecemlier 1794, Hamilton the 
leader of one and JelTerson of the other. Mr. Macon evident- 
Iv inrans that these parties were not yet orj^anized openly. 

Miirmi to Steele. 

' Buck Spring- 15 Septr— 1S03 
Sir 

Mr. T, has returned fr »ni Peterburi^' and delivered 
me tile enclosed i hopi' it will be deemed sati factory 
to the f^entlemen of the turf in and about Salisbury— 
I have nothiuj^- worth tellini;- you, I live almost loo 
retired for the neij^hbourhood news, I send to War- 
ri-nton now ik then for the news, and what is old to 
most others is new to me 

I had like tt) have for^^otten to have told vou that I 
have a f^randson, a stout and hearty looking- fellow 

We have j^enerally i>retty g^ood crops of Corn, to- 
Ij.kco will be rather short l)oth as to quantity tit 
«puilit\, but as s(»me "nave planted a «^«;oddeal of Cot- 
ton this may probably nearly balance the deficiency 
in the (piantity of tt)bacco, I mean as to value 

This is Friday thouj^h I am not sure what day of 
the month. I have guessed the l.sth 

I saw <'iriu-ral Davie to da\ whu .ipp».ars to be in 
in g-ood health 

I have only a woi«l in<iri\ which i> an important one 



JAMES SPHUNT HISTORIC AL MONOGRAPHS 23 

both to you & me, and will no little interest the feel- 
ing's of some of my friends near you, wiiich is this, 
That you will with the consent of your family leave 
home on your return to Washington so as to stay a 
day with me I would rather ask for a week or a month 
but this I fear would not be granted, one day is as 
little as could be asked, yet I know it is much for you 
& your family to grant; If it sliall !)e convenient for 
you to make this trip, ])ray write me when I may ex- 
pect you, — We have some races I believe in Novem- 
ber at Warrenton, perhaps you could take them in on 
your wyy, if so I will advise unless it should be ad- 
vertised in the papers the day 

I have written this in some haste 

I am Sir yrs. sincerely 

Nathl Macon 
(Mr. Steele) 

These are tlie Weights agreeable to the New Mar- 
ket Rules of racing 

three Year Old to Carry S() lb 
four Ditto Ditto' fOO 
five Ditto Ditto 110 

Six Ditto Ditto 120 

Seven Ditto Ditto 13(» 
Sterling Gary 

Keeper of the Course 

Septr. 10. 1802 

NOTES. 

'Buck Spring was Macon's plantation, a few miles from the 
County seat of Warren County. 

"" The trade of Warren County was, in Macon's day, trans- 
acted in Petersburg, Virginia. 

"Mr. T." is probably James Turner, who was a private 
with Macon in the Revolutionary war. He was Governor of 
North Carolina. 1802-'05, and United States Senator, 1805- 
1816. He had a larg-e plantation in Warren and raised race- 
horses. His son, Daniel Turner was a Representative in 
Congress, 1827-'20. Daniel's wife was a daughtc r of Francis 
S. Key. A daughter of Governor Turner uiarrieu George K. 



•J4 THE I'NIVKKSITY BILLETINS 

Bailycr, ;i Jiulj^c .iiul T. S. Senator. Macoti also raised 
lu)rscs aiul patronised the turf. 

'Oeneral Davie was Win. Richardson Davie, ex-Governor 
and a special Commissioner to France log-ether with Chiel 
Justice Oliver Ellsworth and Van Murray- Their embassy 
averted war. l)a.\ie was called l-'ather of the University of 
North Carolina. He was defeated for Congress in 1802 by 
Willis Alston. 

S/i'c/r to Macon: u/ copy). 

Drill- Sir. 

I lliatik vou for vour two favors concerning- the 
weig•hl^ to l)e c.irried by running horses. Theccrtiti- 
cates will settle all (lisi)utes. Our Judges have con- 
cluded to tix the same for each day. lietween fifteen 
and twtiity horses are in keeping for these little 
l)urses. It diverts me t») see how much the passions 
of men can be excited in competition even for trifles. 
There are few things, my friend, I do assure you 
which c«»ul(l afford me greater ])leasure than to pay 
you a visit in Warren :-but in my present circumstan- 
ces it is totally im])racticable. Since the last of 
Augt. my fajniiy has been st) much indisposed '(Mrs. 
Steele of the number) that I have not in m>' power 
to make any arrangements in my private aff.'iirs pre- 
paratory to their removal to the seat of Government, 
and it is too irksome to' live there as I have done for 
some time past without them. Thus circumstanced 
I have found myself under the necessity of relin(juish- 
ing ( for the present) the intention of returning. The 
mail which carries this carries also a letter to the 
President re(juesting him to accept my resignation. 
After the sickly season ' shall have passed, my j)lan 
is to amuse myself with imjirovements in agriculture, 
;ind as my principal business to resume a course of 
general reading which my apj)ointment six vears ago 
interrupte<l. These will lill uj) my lime to the ex- 
clu>ion of politicks, and with them I trust every pas- 
sion which could disturb a virtuous and lram|uil r«- 
tirement. I have done justice to mv feelings by 
assuring the I 'resident "that I am duly sensible of 



JAMES SPKUNT HISTORICAL MONOGRAPHS 35 

his polite treatment and that in future it cannot but 
be a source of pleasing- and yrateful reflection to me 
to have been invited by him to continue in the Office." 
This alludes t(j a letter which he had the g-oodness to 
write to me last summer before the recess of the Ex- 
ecutive in answer to my application for leave of ab- 
sence. The g-reater part of my letter to the Secty. 
of the Treasy. is on business. It contains the follow- 
ing- parag-raph. 

"In conducting-, for six years past, the business of 
an office disting-uished for the labor and responsibility 
which it imposes my first object has constantly been 
fidelity to the public, the second, a respectful deport- 
ment towards those with whom it was my duty to 
maintain official intercourse. It will afford me no 
small deg-ree of g-ratitication to understand that I 
have succeeded in these to your satisfaction." 

Mr. Macon. 

' Salisbury and its neig-hborhood were for many years much 
afflicted with malaria. The existence of a larg-e mill-pond 
was thouijht to have been the g-uilty cause. The g-reat im- 
provement in health since its abolition points to the truth of 
the theor}'. 

Grove to Steele. 

Fayetteville Oct. 1st 1802 
My Dear Sir 

I returned yesterday from Hillsboro where I went 
on the 0th Sept. with Mrs G on a visit to her friends, 
on my return I found in the Post office your favor of 
the 16th ult. which g-ave me the first information of 
your return home, altho' I made inquiry after you 
while in Oran^je. I hope your family have recovered 
since you wrote, & that you continue to enjoy g-ood 
health in your native clime tho' Salisbury is loosing- 
its reputation of being- healthy. 

From your letter & the copy of the one to the head 
of your Department, which you done me the favor to 
inclose for my perusal, I perceive with reg-ret that 
vou have new cause to be dissatisfied with your sit- 
uation in the Govt. 



26 THE UNIVEJtSlTY liULLETINS 

As soon as I read the report ot the ///vcsl/^(i////^\ 
discriminating;- »S: criniinatinj^- Committee, I could not 
help seeinj»- the cicc^ cut made at tlie Former Treas- 
ury Depart. From the temper and Views ol the 
majority ot the Committee, it was to be apprehended 
tliey would seize on every Possible case to injure the 
reeling- & reputation ot" the former Administ. but 
from the Examination & report of the Committee of 
the session before last, on the Treasury Depart, I did 
suppose the nc-^v invest iii;at ion would tind little to add, 
as to that branch of tlie (iovernment, but in the spirit 
of the times, they liave wisely and economically dis- 
covered, that for want of their legal and saving con- 
struction of the acts of Congress, monies have been 
disbursed without an act of appropriation, of course 
these monies should be refunded, ik they the Com- 
mittee appointed as a Standinj^ Board of expounders 
— ! — The contempt mixed with indignatic)n which 
that late Report excited in me induced me to think, 
that the men of sense and decency of their party 
would condemn it, as a crude, partial, & ignorant pro- 
duction — & that tho' tliey mig-ht for political reasons 
wink at its censure, 1 did not presume that the head 
of any Depart, would sanction & adopt the report as 
the rule of their otitice — I am really sorry to tind there 
is reason tt) believe it otherwise, & that the present 
Head of the Treasury in the case of ' Woodside is dis- 
posed to give a new construction to the Law, so as 
to produce a clashing of opinion Between your Judge- 
ment & former decisions, and liis own — If this dlTer- 
ence of opinion on the meaning of Law, arises alone 
from the honest & impartial Judgment of the Sec- 
retary, or is unconnected with any other cause or 
motive than a desire t(j construe Laws fairly, I can 
not think it shttuld add to your inducements to leave 
the Dei»artment — of this you alone can best judge- 
But while you are permitted to act and think inde- 
pendently on your own judgment and sentiments, 
& are treated with that delicacy and attention due to 
your success, your character He your situation, I most 
earnestly wish you to continue in office — If this is not 
the case, I know you tt)o well, to supi)Ose you would 
act with any set of men. 

We have no news here, and were it not f<>r the rail- 



JAMES SPRUNT HISTORICAL MONOGRAPHS 27 

ino's and abuse of "Duaiic, 'Cullender, &c. a":ainst 
each other, we should lind the papers dull, but these 
fellows unfold some thin<i;-s worth knowing- respecting 
the falsehood & knavery- which has been g^oing- on 
among' them, & are fulfilling two things, that Dog- 
will eat Dog"; and that when rogues fall out honest 
men come to their right. 

I am very certain you join me in regretting — sin- 
cerely reg-retting the fate of poor ^ Spaigiit. He has 
fallen a sacrifice to his own violence of temper, for he 
might have adjusted his dispute with honor, without 
fifoinjj: to extremities. 

Flour will probably continue about 5 to 6$ — Cotton 
from $12 to 15$ per cwt, picked — 3 to 3^,4 per cwt. in 
seed — and indeed I fear that all kinds of produce will 
be low compared to late 3'ears — '' Shells are g-enerally 
to be had here at ye to >8d per Bushl. —lime is dearer 
& scarce. 

Mrs Grove desires to be united with me in a tender 
of our best respects to yourself, & Family, and par- 
ticularly to Miss Ann 

Believe me My Dear vSir 

With real esteem & regard 

Yrs Sincerely 
(John Steele Esq) W. B. Grove 

NOTES. 

Decision of Gallatin, Secretary of tlie Treasur}', relating to 
drawbacks on sugar. 

- William Duane, from 1795 to 1822 editor of the leading- 
Democratic paper, the Aurora, of Philadelphia. 
I ^ Thomas Callender, convicted by the influence of Judge 
Samuel Chase for passages in his pamphlet, "the Prospect 
before us," which were construed to be libellous under the 
Sedition law. President Jefferson pardoned him. 

"Ex-Governor Richard Dobbs Spaight, killed by John 
Stanly in a duel. The Federalists, as a rule, sustained Stanly. 
The Republicans declared that Spaight was in the right and 
that Stanly (a Federalist) was a murderer. Stanly was 
pardoned by Governor Benjamin * Williams. The quarrel 
occurred in their canvass for Congress. 
L * Oyster and other shells were, at that date, boug-ht in bulk 



28 THE UMVKKSITY lU'LLETINS 

and hurtled tor liiiic. 'i'licy were hauled l;y wag'ou Irci 
Fayctleville lu Chapel Hill for that purpose. 

Miicoii to Steele. 

Buck Spriuif in Oclr. 1S02. 
Sir 

Yours of the .><» ultimo has heen received, and it is 
with real sorrow that I learn of your determination 
to resig-n. The reason which produces the resi«j;-na- 
tit>n is surely a cojy[-ent one, but I tliink it probable 
that the season is approachin<^ which will restore 
your family to health, and then vou mijj-ht with con- 
venience have removed them to Washing'ton; The 
otTice of Comptroller is surely among the most impor- 
tant in the U. S., especially as it relates to revenue; 
besides tliis, the settlings accounts with foreigners, is 
one in which both the interest and honor of the nation 
are concerned; nor can I close this sentence without 
repeating my sincere regret at your resignation; who 
will be your successor I cannot even guess, no doubt 
many may be found willing enough to accept the 
oftice who know nothing of the duties; and I devout- 
ly wish that a successor' may be found, ade(iuate in 
all respects" to the oftice; I know from the best 
authority that the President was hig-hly ])leased 
with your conduct, but I am repeating what I have 
before told 

The hot fog-gy weather has injured tobacco in some 
instances by moulding: it. The crop will not be large, 
nor of extraordinary quality, Cotton it is said i)rom- 
ises well, The crop of corn is generally good 

I wish more than ever to see you, but God alone 
knows when this will be. Had I the time to spare I 
would take a trip" to Salisl)ury 

I am with perfect respect 

Sir yrs. sincerely 

Nathl Macon. 
(Mr. John Steele 

Now at Salisbury 
No. Carolina) 

NOTKS. 

■ Steele's successor was Gabriel Uuval, who was Com 



JAMES SPKUNT HISTORICAL MONOGRAPHS 29 

oiler until 1811. He was a Representative inCong-ress 1794- 
6, then Judo^c of the Supreme Court of Maryland. In 1811 
e was appointed a Justice of the Supreme Court of the United 
tates and held the office until 1836. 

^ B}' the travelling- methods of that day a journey to and 
om Salisbury took about ten days, provided there were no 
•eshets in the streams. These might delay the traveller 
luch longer. 

Steele to Macon. 

Salisbury April 11th 1803 
Dear Sir, 

By Major Williams who left this place at the close 
of our court I wrote you a few lines in which I omit- 
ted to remind you of your promise to see me in the 
course of the ensuing summer. Nothing I assure you 
would give me more pleasure than to take you by the 
hand at my hut, and our girls hope you will favor 
them with the company of your daughter at the same 
time. The}' will do everything in their power to 
make her time while here pass agreeably. In return 
for a few weeks of your own society I will treat you 
with some of the Visions of a cidevant. A station in 
the background you know sometimes affords views 
not altogether unintetesting to those engaged in the 
busy scenes of the front ranks. The only merit of 
mine is that they have been formed with calmness 
and deliberation. " There is one important subject 
on which I cannot forbear to give you a few hints in 
anticipation. A good deal of reflection since has con- 
firmed me in the opinion I expressed to you about a 
year ago. The reasons in support of that opinion 
wd. be too long for a letter by post. I allude to the 
Mandamus, and the fashionable doctrine which it 
was made use of to establish, that the courts have 
power to pronounce Acts of Congress unconstitutional 
and void. There is a remarkable coincidence in the 
arguments lately, published of ^Mr. Lee and the 
Chief Justice." To whom the credit of originating 
and digesting them belongs is not perhaps material. 
Between them they have made the most of the occa- 



30 THE UNIVERSITY BUIXETIXS 

sion. Lon-ici;ins in the forum like Partisans in the 
field show Ihelr skill by passing,'" the strong- and se- 
lectinj»- the weaker points of attack. 

It is certainly a sound principle that in a well or- 
ganized government of fyaws as we believe ours to be 
every wrong slid, have its pr()])er remedy. If this 
principle can be shown to have its effect in the cases 
stated by the Chief Justice the necessity for judicial 
interference will not exist, as all the arguments in 
favor of such interference are predicated on h3-potli- 
esis that an injury has Ijeen done io the applicants by 
the Executive and that they are without rcraed}- ex- 
cept from the Judiciary. This is 'he point which the 
Chief Justice and the learned counsel pretended to 
examine. B}' the theory of our Government the Leg- 
islature, the Executive & Judicial departments are in 
a certain degree, or for certain pur])oses distinct. It 
is inaccurate to suppose them equal in trust, or in 
power. The officers who com])ose the President's 
council are his constitutional advisers and with him 
form what is denominated the Executive. Should 
the Sect}', of State a constituent part of this great de- 
partment do wrong in his official capacity to an indi- 
vidual or the public with or without the sanction of 
the President the intimate relation which the con- 
stitution supposes to exist between him and the Pres- 
ident mav l)e dissolved by removal or impeachment 
after which he is amenable to the Judicial authority 
in the form of an indictment and perhaps by civil 
process. Until that connection be dissolved the offi- 
cial acts of aSecty.of State are to be regarded as the 
acts of the President. With respect t(» them he stands 
on Executive ground not examinable l)y the Judiciary. 
The courts have no constitutional power to inquire 
whether (for instance) a patent for land be wrong- 
fully or rightfullv withheld. If withheld the first step 
of a purchaser supposing himself entitled slid, be bv 
petition to the President, afterwards if redress be re- 
fused by petition to the house of Repvs. where im- 
l^eachments originate. The remedies in the i)ower 
of these two authorities to afford cannot fail to be 
effectual, the course to be ])ursued to obtain them is 
plain an<l consistent with the most obvious principles 
of our Govt. It avoids that worst of political evils a 



JAMES SPRUNT HISTORICAL MONOGRAPHS 31 

war of Departments, and the clisorg-anization and 
public injury which such collisions produce in a coun- 
try where opinion is free if neither of the contending- 
authorities (as is the case with the Executive and the 
Judiciary) be in relation to the other paramount, and 
if one of them as the Chief Justice has avowed shd. 
refuse to acknowledg-e the Legislature as the com- 
mon and rig-htly superior of both. Admit the rig-ht 
of the supreme court to step on Executive ground in 
the case of a patent or a pension and you subject at 
once the Comptr. to judicial discipline and all the 
vast concerns of the Treasy. to the revision of a de- 
partment which in theory is the third but in practice 
aims at becoming the first power of the state. With 
respect then to the particular case of Mr. Marbury 
& others they cannot in my humble opinion demand 
either their cominissions or transcripts from the rec- 
ords of the Secty. of State as matters of right and 
after the opinion given by the court that a transcript 
would be of equal validity with the original it would 
be wrong to furnish it as matter of courtesy. It was 
here that the Chief Justice showed his skill in pass- 
ing over the most formidable objection without no- 
tice. Both he and the learned counsel treated it in 
their argument as a point conceded that the Justices 
ofthe peace for the district of Columbia are Judges in 
the sense of the Constitution. The law which pro- 
vides for their appointment contains the refutation 
of this opinion. They are to be commissioned for 
five years and not. during good behavior. There are 
but two descriptions of tenures by which offices are 
held under the constitution. All offices must be of 
one or the other. If the Justices are Judges in the 
sense of the constitution the law which limits their 
appointment to five years is uncunstitutional., and of 
course according to the Chief Justice z'c> /<•?'. Any ten- 
ure different from that prescribed by the constitution 
''during good behavior'''' would be so. If they are 
not Judges in this sense they are like other officers 
removable by the President. The law can not be 
valid and void at the same time, good to vest the 
power of Judges but void as to the limitations of 
their authorit}-. This is too great an absurdity to 
be seriously maintained, and yet without recurrence 



82 THE ITNIVEUSITY BULLETINS 

to some such fiction it is difficult to perceive on what 
foundation the title ol the Justices of the peace for 
the district of Columliia to hold their offices inde- 
pendently of the will of the Executive rests. It can- 
not be from the nature of the duties to be performed 
else the Comi)tr. Auditor, Accountants, Commrs. un- 
der certain laws and treaties wd. be equally indepen- 
dent for the}^ all ])erform duties in a certain decree 
judicial, and in some points of view much more im- 
portant to society. The act which jirovides for this 
appointment must then be presumed the only founda- 
tion of their independence and this proves as clearl}- 
as a point can be proved by implication that they 
were not to be rc»^arded as Judg-es in the sense of the 
constitution and that the term of five 3'ears was fixed 
for their service merel}- that the Executive depart- 
ment mig-lit at stated periods review the roll and leave 
out sucli as age or other causes had rendered unfit 
without recurring to the painful alternative of re- 
moval. 

The President is said to derive the power of remov- 
ing^ all ofticers not commissioned to hold their offices 
during g-ood behavior from the constitution, if so ac- 
cording to the maxims of the Chief Justice an act to 
divest him of that power or to restrain the exercise of 
it in terms wd. be unconstitutional and void. The 
consent of the President to such an act wd. be equally' 
unconstitutional because Congress even with his aj)- 
probation cannot alter the constitution. In England 
it is otherwise. But even there "the King is not bound 
by any act of parliament unless he be named therein 
by special and particular words. The most g-eneral 
words that can be devised affect not him in the least 
if they may tend to restrain or diminish any of his 
rights or interests: — for it wd. be of the most mis- 
chievous consequence to the public if the Executive 
power were liable to be curtaildl without its own ex- 
press consent by constructions and implications." The 
limitation of five years then cannot create an inde- 
I)endence of the Executive to whom it exclusively ap- 
pertains as incident to the power of Appointment to 
determine when and how vacancies hai)pen free of 
any kind or degree <^f responsil)ility to the judicial 
department and consequently a right to demaml the 



JAJVIES SPRUNT HISTOltlCAL MONOGRAPHS 33 

Commissions, or transcripts of them, or to exercise in 
virtue of either the authorities of Justices of the 
peace contrary to the will of the President is without 
foundation. A case exactly in point occurred not 
long- sine* in Pcnns3^1vania. The present Gov. re- 
moved an officer, 1 think tiie Adjt. Genl who held his 
appointment under a law which fixed the tenure to a 
term of years like that of the Justices of the Ds. of 
Columbia. There was moreover a salary attached to 
this office which in a state where rig-hts are so well 
understood and so liighly valued as in Pennsylvimia 
wd. not have been yielded if a power to revise and 
correct the procedure had been supposed to exist in 
the courts. However men ma}- differ in their opinions 
as to the expediency and perhaps the justice of some 
parts of Mr. McKcans political conduct all I believe 
agree in paying" homage to liis professional knowl- 
edge and it is for this reason only that the case is 
cited. 

Can the Judge, by Judicial sentence pronounce Acts 
of CongTess unconstitutional and void? This is a 
power so transcendent and calculated to alter so es- 
sentially the relations which difft. departms. of Gov- 
ernment bear to each other that it slid, have some 
better foundation than the constructive inferences of 
those who claim and are to exercise it. By the the- 
ory of our Govt, tlie three g-reat depts. are distinct 
though not ec|ual. The Leg^islature in the nature of 
things is supreme because it not only prescribes rules 
of action but possesses independently of the other de- 
partments the power of compelling obedience. Its 
members moreover are under the same solemn obliga- 
tion to do right and support the constitution invio- 
late, and possess the same right to determine in their 
leg-islative capacit}' the meaning of its doubtful parts, 
that the Judg-es do in their official capacity. That 
lioth Houses of the Legislature formed as they are, 
the Presidents and heads of Depts. shd. be more lia- 
l)le to be mistaken or more disposed to violate it than 
perhaps a bare majority of the Judges of tlie supreme 
court is not to be conceded. Whence then originates 
the error in supposing- that the judges possess this 
new & gigantic power? I answer, in the facility 
with which small bodies of men can be brought to 

3 



'M TMR rNIVEHSITV ntLLKTINS 

embrncc :iii opinion r;iv()r;il)k' to lluir own dij^nily 
.111(1 ol'lii i;il inlhu'iuT, 1<> llu' coiniiKni interest which 
tiX-nllenK'n ol llic law lei'l llirouj^liout our country in 
cxtcndinjx their sphere of action l)y increasing- the 
jurisdiction of the judicial dept. and as a n(?tc;.sary 
consecjuence tin- chatices of litij^ation — but above all 
to inaccurate notions which are ])erhapsthe ofTsprinj^ 
of the forc«j;'oin<j; combination concerning- the original 
distribution of the powers by the constitution and 
the indulgence with which that Dept. on accot of its 
weakness has l)cen regarded by a generous people. 
If a bill having passed thro the forms of both houses 
slid, be returned I>v the President because he deemed 
it unconstitutional, two thirds of eacli house aftds. 
concurring it becomes a law the opinion of the Kxec- 
utive notwithstanding and the Secty.of State must re- 
ciMve and deposit it among the rolls accordingly. 
Can it be presumed that a prerogative defined with 
scrupulous exactness and limited in reference to the 
second dci)artment of (jovt. sh'd have been intended 
by the convention to be confided to the third by im- 
plication in a sense as broad too as the most express 
words could convey it. A doctrine so entirely unsup- 
ported bv reason and analogy cannot stand the test of 
examination. TIow then it may be asked arc the 
Judges of the Sui)remc Court to act in cases where 
they conscientiously believe the law and consti- 
tution to be at variance? 1st they sh'd suspend their 
decision and prest'iit totlie President a respectful rep- 
resentation for the i)uriiose of having- the attention of 
the Legislature called to the subject. If after con- 
sidering the rii)resentati()n of the Judges an attemj^t 
be made to rei)eal the law without success, or if a ses- 
sion be allowed to i)ass without repeal or modifi- 
cation it then becomes the duty of the Supreme Court 
to actjuirsce in the same manner as an inferior tri- 
bunal is liound to yield obedience to a superior. It is 
hence the difficulty originates. The Supreme Court 
cannot re'^ard the legislature as a superior tribunal 
and until its superiority is established decisively the 
(piestion will miiHin unsettled. The solemn mockery 
of the oath applii-s e(|ually to the members of the 
Legislature and of the Kxecutive who were concerned 
in the p.assing as to tlu' Judges and officers whose 



JAMES SPRUNT HISTORICAL MONOGRAPHS 35 

dut}' it ma}' be to execute a law which the latter ma^- 
deem unconstitutional. A district Judge for instance 
ma}" conscientiousl3^ believe a tax on carriages uncon- 
stitutional yet if adjudg-ed tc be otherwise bj tho 
Supreme Court he is bound to 3-ield acquiescence and 
give it execution. It is equally clear that the 
Supreme Court owes and may be compelled to yield 
similar o])edience to the deliberate and solemn acts of 
the Legislature the highest and most august tril)unal 
of a free country. Order and the genuine relations 
of Govt, cannot long be preserved in any other wa\\ 

NOTES. 

' Probably Marmaduke Williams of Caswell, who vns elected 
to the State Senate in 1802 and the next year to the House of 
Representatives of the United States. He served until 1809, 
and then removed to Alabama, where he was a delegate to 
the convention which formed the State Constitution. In his 
old age he was County Judge. 

-In the case of Marbury vs Madison, Secretary of State, the 
Supreme Court held that the plaintiff, having been appointed 
Justice of the Peace for the District of Columbia by the Presi- 
dent and the Senate h.iving approved the nomination, the 
commission having been duly signed and sealed and left by the 
late Secretary undelivered, was entitled to his commission, 
and that mandamus should lie to compel the delivery by the 
new Secretary of State, but that the act giving the Supreme 
Court original jurisdiction was unconstitutional. Although 
the power and duty of the Court to nullify unconstitutional 
acts is now universally conceded, able men in that day tliought 
otherwise. General Steele's letters gives their line of argu- 
ment. 

■ Charles Lee, Attorney General 1795 to 1801. He had l)een 
Delegate from Virginia to the Continental Congress. 

■• Chief Justice John Marshall of Virginia. He advocated 
in the convention of 1788, the adoption of the Federal Consti- 
tution; Envoy to France with Gerry and C. C. Pinckney in 
1797; Congressman 1799-1800; Secretary of State 1800-'01; 



3(5 THE UNIVEKSITYl' BLI.ETINS 

Chid Jitsticr <.! tlir I'liitcd Stales, ISOl lo his death. July 6 
1835. Author ol Lite of Washinjj^toii. 

Miiani to Steele. 

Ralciicli 11 ^Time 1S(I.^ 
Sir 

I liavc to acl<ri()wle(l.n"e the rcceii)t of your two let- 
ters the one by Major Williams, tlu- other postpaid, 
The last received at Washin«rton, I think was an- 
swered, thouj^h of this I am not certain; The threat 
hurrv of business and the very constant and lenj^thy 
sittin^^s of the house may possible have made me 
neglect to answer. The house was very seldom in 
committee of the whole, and were in session from nine 
to eleven hours for a few of the last days; The fa- 
tiifue occasioned l)y this constant delay, had nearly 
overcome me, though having relectuntly undertaken 
the task, I had at tirst determined not to yeild to any 
diitv but the absolute loss of health, in this determi- 
nation in eviT}- circumstance I uniformly persisted, 
and was for a short time after the adjournment really 
ajiprehensive, that my constitution was considerably 
injured, but this ajiprehension was soon entirely re- 
moved, and I have since enjoyed my usual good 
health 

I have duly considered the contents of your last 
letter, and candidly acknowledge that I think there 
is g-reat strength in your arguments, but my doubts 
are not completely removed, cases may be stated to 
shew that the court did not possess the jjower to de- 
clare a ]»articular act unconstitutional, other cases 
might br slated in which it would seem that they had 
the power; of the lirst kind is the law to ajiportion 
representatives, The pay of Members of Con- 
gress, The artich s of war for land iS: naval ser- 
vice &C.&C.; Becau-ie none oi these require their 
aid to carry them into execution; of other kind is the 
power of the supreme court to hear any orig"inal suit, 
when the authority is not derived from the constitu- 
tion, such an action for debt betwei.ii the two citi- 
zens of the same statf iVc. tScc. These would re<juire 
their aid to carry them into ojieration. The court 



JAMES SPRUNT HISTORICAL MONOGRAPHS 37 

must make every declaration of the unconstitutional- 
ity of a law at their peril; because the judj^es are 
made accountable for their conduct by the constitu- 
tion, & if Judg-es could declare acts void; without 
being- liable for their actions, they would be the su- 
preme authority of the nation, and that without con- 
troul — and the only department in the Government 
where a power might be exercised to any degTee, 
without the least check or controul by any other de- 
partment of the Government; I confess the mode for 
the Judges to proceed, where they believe a law vio- 
lates the constitution, as pointed out by 3'ou, would 
be the most adviseable, and lial)le to the least objec- 
tion, both in practice and theory, but the true ques- 
tion is have the courts the power from the constitu- 
tion of the U. S. to declare a law unconstitutional; 
In the case of the mandamus, the opinion of the Court 
as to the result was correct; the rule was discharg-ed. 
but the reasoning which lead to the conclusion, 
seems to be directly opposed to it, and put me, in 
mind of a noted member of Congress who always 
spoke on one side, and voted on the other, if they had 
no power to determine on the merits of the complaint 
they had no authority to grant the rule in the- first 
instance, and the mandamus oug-ht not to have been 
issued, the argument on which the question seemed 
to l)e decided, had nothing to do with the question, 
but certainly had a squinting towards another, al- 
thoug-h I am not quite convert to your opinion as to 
the power of the Judges, I most cordially agree with 
you as to the Mandamus 

I fear it will not be in my power, to visit you at 
Salisbury this sumiiur, inclination is not wanting, 
and it is almost too strong- to be resisted by poverty 
and inconvenience; besides the pleasure of seeing you 
and family, I could say much to you in the small way, 
which is too little to put in a letter, and would bear 
telling when it would not writing 

I have written this in haste, without revising- and 
without your letters by me, I mean this is an expla- 
nation if one should be necessary for not perhaps an- 
swering in every point, but an apoligy I h()i)e neces- 
sary, and I will not attem])t to make one Permit 

me my friend to say to you, that I had rather you 



38 THE UNIVEKSITY BULLETINS 

Would have not paid llic i)osla<4X' ot ywur kltcr, l>o- 
IWL'cii us il seems alinost too formal, I am well aware 
ihaL it proceeded from u^reat delicacy but 1 cannot help 
Ihiukin*;', that you (U)ubted whether to pay it or not, 
1 will own to you, ihat I have often (h)ul)ted that to 
do on like occasions. Write often and posta»^e or no 
postag-e I will not scold you as^ain, unless it l)e for 
noi. writing 

lie pleaseil to offer my best respects to your lamilv 
and believe me to be with sincere rejii^artl 

Sir yr. most obt sert- 

Nathl Macon 
(Mr. Steele) 

NOTES. 

'Prol)ablv Gen.SaniM Smith of Mar3'land;Coloncl in the Revo- 
lutionary war; U.S. Representative in Con«rress, 1793 1S(».>; and 
lSl()-'22; Senator 1S().^-'15 and 1822-33. Commanded the 
M.ir\land troops in the defence of IJalliniore in 1S14 and 
(pielled the Baltimore riot of 1835. 

Mr. Macon was usually accurate. This "always" is evi- 
dently an exa54'geration. 

Steele to M(ici))i. 

Salisbury Sept 12th 18(>3 
Dear Sir 

Accept mv thanks for your favor of the 7lli ulto. 
It came to hand when I was a g'ood deal occupied 
with workmen in superinleiidinji' some neccssaryalt- 
erations of the inside parts of my house ^vhich could 
only be done during" the season when chimnies are 
not in use. This is my apology for not acknowledging 
it sooner. 

It is natur.il lh.it you slid, feel a little curiosity to 
know the fate of my essay in Toast making. I will 
endeavor to gratify it. On I'^riday evening preceding 
the 4tli of July a very heavy rain fell at Lethe my 
river plantation where I had a considerable (|unty. of 
wheat cut ».\: in the Ih lil exposed to injury. Tiiis 
obliged me to go there instead of nu'(.'tiug Iht,- com- 
mittee on Saturday morning the lime appointed. I 



JAMES SPRUNT HISTORICAL MONOGRAPHS ;J9 

however apolog-ized for my absence by a note, and 
transmitted for their consideration the sketch which 
you have seen and which I am happy to hnd meets 
your approbation. The members of the Committee 
all attended except myself, chose Judg-e Macay ' for 
their Chairman, proceeded to business. Of the seven- 
teen which I sul)raitted they adopted six without al- 
teration. These were the 1st. The day &ca. 6th. 
Foreig-n nations in amity &ca. with a quotation from 
Mr. Jeffersons inaug-eration speech lltli. The militia 
&ca. A nation armed &ca. I4th The Press &ca. l(>th. 
The fair sex &ca. I7th. The State of Ohio &ca. 
Others they adopted in part but with alterations 
which can hardly be called improvements. The 2nd. 
7th. 13th. 15th. they rejected altogether. To the 3rd. 
The Fed. constitution they annexed a sentiment in- 
correct in principle and in language. It was this. 
The paladium of our rights, let it never be violated. 
(The paladium of Troy from whence the term de- 
scended was in the sense of the Trogans incapable of 
violation.) The true paladium of our rights consists 
in our sense of their nature and value; in our virtue 
to chuse proper persons to represent us, and last of 
all in our swords. It is absurd to say that our rig-hts 
are dependent on the Fed. constitution. We were 
free before it existed as now, perhaps not quite so 
tranquil. Instead of the 4th they substituted the mem- 
ory of Geul, W. In favor of this alteraticjn I under- 
stood it was urged Dy ^ Mr. H. that to connect with 
that name, any other name or description of charac- 
ters wd. derogate from the respect due to it, as if he 
could have accomplished any thing without the co- 
operation of others Instead of the 5th They adopted 
simply "the President of the U. S." without even 
using the name of Mr. Jefferson. From the 8th They 
expurg"ed the words "• Governor ami and adopted the 
remainder which was in substance the same but like 
the 5th not quite so respectful to the chief mag-istrate. 
Instead of the 9th & 12tli some general, commonplace 
sentiments in favor of learning & commerce were 
adopted. Of the 10th the adopted the first part, The 
absence of party spirit and rejected what followed. (I 
regret that it was the late of some of the best to l)e 
totally lost, or so mutilated as not to he worth 



40 THE UNIVERSITY BULLETINS 

imbliLaliim i. Tlic 14lli iui«4lil !)'■ iniiirowd 1)\- the ;il- 
leratit)!! which you su<4i4'est and I sincerely wish that 
g-ood men wt)uld quite to correct the evil upon your 
plan which appears to be the only practicable way. 
The f^reater part ol the committee I understand were 
but Mr. H. from whom the opposition chiefly came was 
strenuous to retain some «)f those which were rejected; 
and they compromised lOr the sake of unan- 
imity, and as a compliment to other members who 
also had been ut the tr(*uble to prepare sketches for 
the consideration of the committee. They compli- 
mented me by the adoption of more than my propor- 
tion, and probably if I had l)een present a few more 
wd. have been reed, and perhaps fewer alterations 
made. 

1 have seen the charj^e of Judj^-e Chase" as published 
in the Nat. Intelliiiencer. It is extra Judicial and in 
humble opinion e.xtremely indecorous; but if there 
were no other objections to it, on the score of principle 
it Nvd. be indefensible. Men in hijjh i»ublic stations 
slid, be careful to t^^-uard a^-t. the influence of their 
passions always apt to mislead the understanding", if 
not corrupt the heart. The opinions of some of the 
Judges^ on other subjects are so inaccurate i nd ]irepiis- 
terous that I am not surprised at this, my only wish 
is that friend Moore' may prove as I am sure he will 
like i)uro gold, the more bright for being tried in such 
a crucible. Mr, Patterson' I consider also a man of 
sterling- integrity; of some of the others you have 
long known my deliberate opinions. It is useless to 
repeat them. 

The purchase of Louisiana is certainly a great 
affair. It will give lustre to to the administration 
which achieved it. l'\iture Historians will rank it, 
(like the declaration o: Independence the treaty of 
l)eace, the adoption of the Fedl. constitution) among 
the memorable events of our country, and slid, we 
also obtain the Floridas the actiuisition will be as ini- 
])ortant in its consequences as any of them. The 
sum" to be given is large, but not t«)o much. To 
have taken possession of tiie forlilicatioiis and other 
establishments necessary Ut retain it bv force wd 
have recjuired much m'>re. To think correct! v on llu- 
expense of military enterprises we slid, call tooui rec- 



JAMES SPRUNT HISTORICAL MONOGRAPHS 41 

oUectioii the experience we ha\'e had in erecting- forti- 
fications on the sea coast, in the Pittsburg-' & No 
Hampton expeditions, in prosecuting- Indian wars, to 
say nothing- of the delays and disg-race which have 
attended them. It is no disparagement to the pacific 
plan of the President that our Knvoy arrived at a 
fortunate crisis. It is always the part of a statesman 
as it is of a (xenl. to watch events and to profit by them; 
but even there it is ascribable wholly to accident, as it 
is the way of the work! to make a man responsible for 
his bad, they shd. also g-ive him credit for his g-ood 
fortune. A few days ag-o I was imperceptibly led in- 
to a warm dispute with a Federalist an acquairitance 
of yours on the question whether the British Govt, 
wd. not be justified in taking- possession of New- 
orleans at any time before the ratification of the 
treaty by our senate. A g-ood deal was said on both 
sides, but I endeavoured to conclude the arg-umentby 

placing- it on this simple footing- Were the 

French competent to sell? Yes. Were we competent 
to purchase. Yes. A fair sale and a purchase l)eing- 
made by competent parties, on tlie 30th of April a 
time too of g-eneral i^eace, any attempt by the British 
Govt, to prevent the execution of tlie contract by 
taking- forcil)le possession of the place purchased wd. 
be an ag-g-ression which wd. justify war on the part 
of the U. S. He maintained however to the last that 
a treaty is of no validit}- until ratified, and as we are 
not bound to pay until the ratification we could not be 
injured by an event which wd. afford sufft. reason to 
refuse both. This was departing- from the question, 
because shd. sucli an occurrence take place, we wd. 
nevertheless be at liberty to ratify and withhold pay- 
ment until possession, which the french Govt, could 
not think unreasonable, or perhaps under such circum- ^ 
stances that Govt, niig-ht authorize the ai)plication 
of the purchase inone}' towards dispossessing- the In- 
truder. This wd. be a subject for subsequent neg-oti- 
ation, and not necessarily connected with the ratifi- 
c.ition. Another reason has been stated here which 
I have since seen hinted at in some of the papers to 
justify the British Govt, in such an interference, that 
tlie privileg-es secured to F and Spanish Vessels ex- 
cusivel^ of all others are contrary to the stipulation 



42 THE UNIVERSITY BULLETINS 

ol llic Treaty ol London which j^naranlccb to the 
subjects of Great Britain in our ports the privili- 
g-es of the most favored nation. Without contend- 
ing- that the stipulation in favor of F. it Sp. bottcnns 
is not a favor granted but a consideration of the ces- 
sion, or rather a reservation of certain rights for a 
limited [)eriod by a nation possessing at the time 
and al)out to yield a Loni])lete sovereignty, it may be 
rejjlied that the treaty of London contains a i)rovision 
in favor of british vessels of Canada in the No. Wt. 
ports of the U. S. exactly similar where the reason 
did not apply with near so much force as in the pres- 
ent case. See the article. A favor which we did not 
grant to F. V. in any of our ports nor even to B. V. 
excei)t in the No. W, ports; this altho objected among 
ourselves as an unconstitutional ])rovision was never 
I believe complaineil of by France; having no existing 
rights she could not reasonably object to an arrange- 
ment which dei)rived her of none and had for its ob- 
ject only the local accomodation of another, then 
with respect to those ports, like Britain now with res- 
pect to the ports within the Mississippi. A nation 
about to cede has a right to make its conditions, and 
there is certainly a clear distinction between a terri- 
tory received under such conditions, and favors grant- 
ed in the ordinary course of commercial arrangement. 
G. Britain having no actual participation in the trade 
ol the Mississippi before could not I think have com- 
plained even if the treaty of cession had obliged us 
to exclude her vessels altogether but this would have 
been a departure from our system of policy which I 
hope always will continue to be '"lihcral nmnncrcc 
zvith all nations.^ cuhdi^/iiii^- alliances zcitli mnicJ"' 
There is however one sti])ulation in this treaty which 
I sincerely lament, because I am sun it will increase 
the difticulties of the Secy, of the Treasy. I mean the 
payment of the interest (of the stock to l>e created) in 
Kurope. I suppose it nuist have been either insisted 
on by the F. (iovt. or perha]>s inadvertently agreed 
to l)y Mr. fvivingston. It is l.ir other reasons, beside 
the difficulties of remitting, an unfurliinate i)arl of 
the contract. 

The foregoing is the copy ol(li'U. Steele, s letter retaincti 
by liiiii. We have not the original. 



JAMES SPRUNT HISTORICAL MONOGRAPHS 43 

Drafts respectfully subinitted to the consideration 

of the committee appointed to prepare them for the 

4th July 18U3. 

1st. The day. — Perpetuity to the principle of the rev- 
olution which it commemorates. — 

2nd. The United States. — Common interest their 
best cement. — 

3rd. The Federal constitution. — A g-ood form of Gov- 
ernment prepared for us by wise men in the spirit 
of mutual concession. — 

4th. Our late illustrious fellow citizen Georjj-e Wash- 
ington and the long- list of Statesmen and Heroes 
who cooperated with him in the establishment of 
American independence. — 

5th. Thomas Jefferson President of the United States, 
and the Majorities of both houses of Congress. — 
Let tlie reflection that they are invested with 
powers deleg-ated by the whole people inspire 
them with sentiments of justice and moderation 
and their political opponents with those of ac- 
quiescence and respect. — 

6th. Foreig-n nations in amity with the United States. 
— Liberal commerce with all, entang-ling- alliance 
with none. — 

7th. The people of North Carolina. — Happy under a 
form of Government in theory simple, in practice 
safe and economical. — 

Sth. The Governor and Constituted authorities of 
Nortli Carolina. — 

9th. Our University' and other institutions for the in- 
struction of youth. It slid, never be forg-otten 
that knowledg'e and virtue are the best preserva- 
tives of civil liberty. — 

10th. The absence of party spirit. — Wherefore slid, 
it exist? "We are all republicans and all Fed- 
eralists." 

11th. (Put)lic arsenals in proper situation adequate 
to the complete equipment of) The Militia. — A 
nation armed united and free is invincible. 

12th. Ag-riculture, commerce, and manufactures. — 
Kxtension, and security' to them all, they are the 
g-reat sources of american prosperity. 

13th. Puldic credit and the public debt. — An honor- 
able performance of our legal eng-ag-ements will 



44 THE UNIVERSITY BUI^LETINS 



increase the one by the rcj^ular and sj^eedy ex- 
tinction of the other. 

14th. The Press. — Let us learn to distinguish be- 
tween its freedom and licentiouness. — 

15th. Our rights on the Mississippi. Should diplo- 
matic means fail Government may safely trust 
the final issue to god, and the enerj^ies of a peo- 
ple who will neither do nor suffer injustice. — 

19th. The fair sex. — Without participation in public 
affairs their dominion is in the hearts of their 
countrymen. 

I7th. Our Sister State Ohio. — [The day is not distant 
when her imiiortance to the Union (as a frontier) 
will be known and appreciated] — Young- in years 
but g-rowing- fast into importance. 



NOTES. 

' Spruce McCoy, a Judgx* of the Superior Courts of Law a{ 
Kquity in North Carolina 1790 to 1808. 

"Archibald Henderson, son of Richard IKiuKrson, who w 
a Judge prior to the Ki'volution. and brollier ot Cliirf Justi 
Leonard Henderson. He was the leader of the bar of k*ow;i 
and Representative in Cong-ress 1799 to 1803; a Federalist. 

'The (rovernor thus "scratched" was a Re])ul)lican, Jani 
Turner, of Warren county. He was elcted thrice, 1802-'tj 
At the close of his term as Governor, he was chosen to, 
United States Senator and served until 181(). Further notj 
of him is given elsewhere. ■ 

^Samuel Chase, of Maryland, Judge ol the Supreme Coi 
of United States, 179()-1813. His charge to the Grand Jr 
of Baltimore, ^hly 2nd, 180.^, was extremely obnoxious to t 
Republicans. He declared that the repeal by Cong-ress of l| 
law for the election of si.xleen circuit iu<lges, the establi^ 
ment of universal suffrage in Maryland and further alleratu 
in the state judiciary contemplated, will take away all sec| 
itv for property and personal libertv. "The iiidei>endence 
the national judiciary was already shaken to its foundati'l 
< )ur c»)nslitulion will l)e a moi)ocracv the worst of all pi 
sible g-overnmeiits," and more lo the same effect. 



JAMES SPRUNT HISTORICAL MONOGRAPHS 45 

The impeachment ag^ainst Judg-c Chase alleged injustice, 

irtiality and intemperate conduct and lang-uage. There 

ere eight articles. The first alleg-ed misconduct in the trial 

Fries, the next five similar outrageous conduct in the trial 

Callender for libel; the seventh charg-ed wrong--doing- in 

fusing- to dismiss the g-rand jury until they should indict a 

inter for treason, and Article VIII. characterized the charsre 

the g-rand jury at Baltimore as a prostitution of the judic- 

ry to low partisan purposes, with intent to arouse hatred 

gainst the government of Maryland and of the United 

ates. 

Twenty three votes for conviction were necessary, as it 
kes two-thirds to convict. On the first article only 16 out 
34 voted guilty; on the second only 10; on the third 18; on 
e fourth, not one; on the fifth only 6; on the sixth 10; on 
e seventh 10; on the eighth 1*). 

Samuel Chase was a signer of the Declaration of Indepen- 
nce, an ardent and useful patriot, an extreme Federalist, an 
le lawj^er, but of overbearing disposition. 
'The other Judges were besides Chief Justice Marshall, 
31-'35, William Cushing, of Massachusetts, 1789-1815, 
illiam Paterson (so spelled), of New Jersey, 1793-1806, 
fred Moore, of North Carolina, 1799-1804. 
'Alfred Moore had been a Captain in the Revolution, and 
torney General and Judge of North Carolina. 
' Wm. Paterson, had been member of the Continental Con- 
ess and U. S. Senator. In the Convention of 1787 he was 
thor of the "New Jersey Plan," which guarded the sov- 
ngnty of the States. 

'The price was $11,250,000 in United States stock payable 
fifteen years, and also $3,350,000 due by the French gov- 
iment for depredations on our commerce; in all $15,000,000. 
le purchase was supposed to contain over a million square 
les, that is, over 640,000,000 acres, about twenty three 
Its an acre. The white inhabitants were about 50,000 of 
'ench and Spanish birth and 40,000 slaves. The treaty was 



46 THK UNIVERSITY BULLETINS 

noi^'oliiitcd willi XiiiiDle'iin hv Roborl K. I^ivinj^ston, but Mor 
roo, bcin^- sent 1>\ Jcfti-rson spccialiy tor tlu' iiur|toso, joinci 
with him in coniplctin!^- the negotiation. 

'Mr. Steele i>rol>ahl3- refers to the ex])enses of supprcssiii; 
the Whiskey Insurrection in Pennsylvania and Shay's Rebel 
lion in Massachusetts. 

Macoii to Steele. 

Washing-ton 27 Novr. 1803 
Sir 

I write to 3'ou now, not because I have any thing- 
worth writing-, but because I hope it will be the 
means of inducing- you to g^ive me the news of Salis- 
bury, Tliis place affords nothing- new, which you 
will not find in every news paper; The vote to re- 
peal the Bankrupt act,' was not a part}' one, & the 
few who opposed the repeal, were not, one excepted, 
in favor of the principle, but wished it amended and 
to expire by its own limitation 

It is believed, that it will be known here, in 15 or 
2i» days, either that the U. S. are in possession of 
New Orleans; or that the Spanish Government" there 
will not deliver it to the H. S, no fact is yet known 
here to induce a belief, that it will not Ije surren- 
dered; ever}' thing- tranquil at Ne'v\^ Orleans as late 
as 11-instant, no act at that day done, which indicat- 
ed the least hostile intention 

I cannot think of any thing- else to write, and were 
I to sec you it is possible, a thousand small affairs 
might come to my recollection which mifj^ht serve to 
excite laughter 

I am with great respect 

Sir Yr. most (^bt sert 

Nathl Macon 
(General Steele 
Salisbury 

No Carolina) 

NOTES. 

•Passed April S, ISdO. Kipraled October, 1S()3. It wa 
thought to be "prolific of fraud, wastefulness and a wile 



JAMES SPRUNT IIISTORICAl. MONOGRAPHS 47 

spirit of speculation.'" The vote for repeal in the House was 
99 to 13. 

"In 1682, LaSalle took possession of the territory and 
named it after Louis XIV. Bienville founded New Orleans 
in 1706. In 1762. France ceded the territory" to Spain. In 
1800, Spain retroceded it to Prance. In May 1803, France 
sold it to the United States. December 20, 1803, Laussat, 
Commissioner of France, formally surrendered it to Wm. C. C. 
Clairborne and James Wilkinson, Commissioners of the United 
States. A body of militia of Oliio, Kentucky and Tennessee, 
was held in readiness, and a small force of Tennesseeans was 
moved to Natchez, in order to quell any resistance on the 
part of the inhabitants, but none was offered. The province 
was at once divided into two territories, that of Orleans, and 
that <if Louisiana. Wm. C. C. Claiborne was the first Gov- 
ernor of Orleans, in 1S12 the State of Louisiana. 

The Spanish Government, throug-h the Marquis de Casa 
Yrujo,strong-ly protested ag^ainst the right of Prance to alien- 
ate the territory, alleging that there was an agreement not 
to do so, and, secondh% that the sale to France by Spain was 
not binding-, because the contract of the former in regard to 
Tuscany, which was the moving consideration, had not been 
carried out. 

Macon to Steele. 

Washington 11 Deer 1803 
Sir 

Your letter' of the 25 ultimo has been duly re- 
ceived, aud the remarks therein made ought to satis- 
fy every one on the subject; but it is no easy thing", 
to satisfy those wlio make improper and unjust de- 
mands and expect to support tlieir claims, not by the 
law, but by an evasion of it, and not by an evasion, 
which justice could warrant 

The letter therein referred to, has been received, 

I and an answer was left at home to be sent to War- 

renton to be put in the mail for you; I suppose it is 



48 THK UNIVEUSITY lU'LLKTINS 

still ;il lioiiu'. ;in<l iiiusl remain tlu-iX' al least till my 
return 

lly tlu- pajtors you will see, that hitherto wo have 
had nolhiuL'" like a storm in C'oUf^ress; it is however 
true. that we have liad a brisk ^ale or two.ltutof sliort 
(luratii)n; 

I do not expect, thai any subject will be belore the 
house, which will produce the general sort ot debate, 
which you have sometimes witnessed, and wliich 
never added much to the reputation of the speakers 
or to the character ol" the Nation 

'VUc formini;" a (Jovernmenl lor Louisiana will 
probably be the most diflicult part ol the i)resent ses- 
sion I say this, because I have hearil several plans 
spoken ol, tuitlu'r ol which would I believe be a(lo])t- 
ed 

I have sent this scrawl in some haste, 

I am Sir 
most sincerely 
Nathl Macon 
(Genl- Steele 
Salisbury 

No Carolina) 

NOTl-;. 



' We have not lliis K'tter. The claim Irom KMiode Island, 
elsewhere e\i)lained, is probal)lv alluded to. Mr. Steele 
when Comptroller rejected it. 

M(ir(t)i to Slcclc. 

Washint,rton 12 P'eby 1S(»4 
Sir 

I have duly received yours ol" the l'» ultimo, and 
sincerely wish it was in my ])ower to communicate to 
you, all the wishes and intentions of every Depart- 
ment of the (loverntnent. It is I think (|uite proba- 
ble that no one knows less of Ihem than I do, my 
situation in the House keeps me almost constantly 
confined, an<l I ant j>-enerally so tired of politics by 
the evenin«i-, that I ha<l rather hear of anythinj^- else, 
besides a hurt which I received on mv way to this 



JAMES SPRUNT HISTORICAL MONOGRAPHS 49 

place, has kept me much al liome, so much so, tliat I 
have not been able to make such cnciuiries as I have 
heretofore done 

On the subject of tlie lands ' claimed by citizens of 
N. C. and others lyin<4- within the Indian border line, 
and within the limits of Tennessee, I know not what 
to say; Those who oug-ht to urg-e a decision of- tlie 
house on that point, seem always to be otherwise en- 
g-ag-ed; I shall most certainly use every effort in my 
power to have a decision, but it is one of those ques- 
tions that I have so often supported, that I cannot 
now think of any thing- new on the subject, and most 
cordially hate to repeat old speeches, even to new . 
members. I have however a hope, that both the N. C. 
& Tennesseee members will perfectl}' understand the 
question, and treat it in such a manner as to make 
others completely comprehend it. I have indirectly 
heard, but I do not now recollect in what way scarce- 
ly or from whom, that the President was very desir- 
ous to get the Indians especially those to the Soutli 
to remove themselves over the Mississippi 

The British Minister'' has kicked up a little dust 
about his & his wife's rank, such as going first out 
of the sitting- to the dining- room; having number one 
given to his wife at the dancing assembly, and this 
prank of the Briton, has acted as a spur to the Span- 
iard, and the Marquis the ^ Casa Yrujo has also taken 
it into his head to shew a trick or two about this new 
fang-led doctrine of rank, where the people nor their 
form of government acknowledge any; However I 
suspect both the claims, although not for money, 
will meet, the same fate, which claims so often meet 
from the Committee of claims, that is, leave to with- 
draw 

There is at this moment a great deal of business 
l)efore Congress, thoug-h none of much consequence, 
except forming- a plan of government for Louisiana, 
and carrying the revenue laws of the U. S. into' oper- 
ation in that Country; The quantity of business 
seems necessarily to put an adjournment a good way 
off, but the qualitv of it, is much against a distant 
day; yet it is imi)ossible to form any tolerable cor- 
rect opinion when an adjournment will take place 



uO THE UNIVEUSITY BULLETINS 

Accept iii\ ln.'sl wislirs. and holicvc me to be \\.'T\ 
truly 

Sir Vrs. Sincerely 

Xallil" Macon 
(General Steele 
Salisbury 

No Carolina) 

NOTKS. 

' By Acts of the General Assembly ol North Carolina of 
17S2, 1783 and 17S4, the warrants for lands jj^ranted to the of- 
ficers and soldiers of the Continental line of that state were 
to be located in what was called the Military Reservation, in 
the western part of what is now Tennessee. In December 
178*>, North Carolina passed the Act of Cession of Tennessee 
to the United States which was approved by Congress, April 
2nd, 17'M). In this Act the ri«;hts of the officers and soldiers 
were i)rotected. In 17'H), Tennessee w.is admitted into the 
Union but the unappropriated lands were not ceded to lier. 
Tennessee claime<l that North Carolina's ri^^iits ex])ire(l in 
17*)2 because tlie time ()f the claims was oriti-inally liniil.-d to 
that date and the latter state had not reserved the power of 
extension of the tiiiu . In 17*)*), Tennessee asserted by reso- 
lution her owurrsiiip as sovereif^'U of all unlocated lands 
within her limits. In ISO], she confirmed all prior entries 
utuler i^rants, and prohibited by heavy penalties any further 
action bv North ('arolina sin-veyors and entry takers. In 
ISO.^. slu- appointed Judj^e John Overton to adjust the diffi- 
culties with North Carolina, which resulted in i^ivinj^ tlu> 
latter the rii;ht to issue the niilitar\ warrants. ' 

In 1S(I(), t'on«iress in a spiiil "i liberality ceded to Tennes- 
see, the title of llu- United States, reserving" the claims of 
North Carolina undi'r th ■ Act of Cession, and certain Indian 
titles. The i)art not ceded was about one-third (d the state, 
and was west and south ol tlu- line known as the Military 
Reservation line. 

Till' Indian titles thus reserved wore those of the Chicka- 



JAMES SPRUNT HISTORICAL MONOGRAPHS 51 

saw Indians under the Pioming-o Treaty of 1786. By treaties 
in 1S05, 18H) and 181S the Indians ag-reed to sell their rights 
and move beyond the Mississippi. After satisfying- all clai- 
mants, between two and three million of acres remained, 
which in 1846 were donated to Tennessee by Congress. The 
proceeds of the sale of one-third of such military land war- 
rants as escheated to North Carolina formed the endowment 
of her State University prior to the Civil War, the other two- 
thirds being taken by Tennessee for her own colleg-es. 

■ Jefferson adopted the rule of "pell-mell" for his dinings, 
i.e. that there should be no precedence, no grades among 
foreign ministers. "All are perfectly equal, whether foreign 
or domestic, titled or untitled, in or out of office." Anthou}^ 
Merry, the British minister, arrived at Washington in the 
fall of 1803. He and his wife were invited to a reception on 
December 2n(], and contrary to usage, (France and England 
being at war) the President urged with success, M. Piclion, 
the French charge, also to attend. When dinner was an- 
nounced the President escorted Mrs. Madison and placed her 
on his right. Madame Yrujo, the wife of the Spanish min- 
ister, was placed on his left. Mr. Merry, without being as- 
signed to anv seat, started to sit next to Madame Yrujo, but 
was crowded out by a member of the House of Representa- 
tives. M. Yrujo wrote home that Merry and his wife had 
r(>ason to resent the, apparently studied, preference .given to 
himself and wife over Mr. and Mrs. Merry. 

Soon after at Madison's reception the host took to the tal>le 
the wife of the Secretary of the IVeasury, (Talhitin, and in 
the confusion on account of this unexpected conduct, Mrs. 
Merry was left alone, until her husband walked up and of- 
fered her his hand. M. Pichon wrote that in his opinion the 
Secretary of State wished "Mr. Merry to feel more keenly 
the scandal he had made." The scandal consisted in Merry's 
assertion that his treatment l)y Jefferson was intended as an 
insult to the nation he represented. 

Mrs. Merry, whom Jefferson in a private letter calls a vir- 



TIIK I'NIVKKSITY Hl'lXKTINS 



;i!4(), \v;is iiuliiiti.iiil ;it Ikt tiwitiiU'iU. SIk' was joined 1)\ 
M;i(l;iiiu' Yniid ;iti<l a Uni|n.'sl was stirred up in llu." U-a jtol ol 
\Vashin«4l<>n society. ^\n explanation ol the American usati"e 
of e(iualitv was made, but it was not snccesstiil in i)roducinj^ 
peace anioni;- tlie ladies. Jeffi-rson praises Merry but adds 
"ir his wile perseveres she nuist eat her soup at home, and 
we shall endeavor to draw him into society as it' she did not 
exist ." 

JelTerson's disre<rard of eti(piettc was approved l)y his 
partv. but was ct>ntemptuously denounced by the Federalists. 

Conipl roller Dnzuil to Morou. 

Comptroller's otliceF K.. 1S(I4 
Dear Sir 

Having" bei'U informed, tliat you have received a 
letter from Mr. Steele relative to the 'Khode Island 
petitions, which have been referred to me by the 
house <d' I'Ji'i)resentatives, & presumin<i;- that it mav 
throw li^ht on tlie subject, I have to rt'(piest the fa- 
vor of a ])rnisal of it, unless it contains matter of a 
private nature, or unless t'.iere may be any other mat- 
ter whicli luav forltid a compliance with my recpiest 
I have the honor to I)e 

with i^ri'at respect & esteem 
Your obct. sert 
(sijJiicd) (i Duval 
directed to me 

NM 

Moron to C.o)uplrollcr DmaL 

Washiiiiiton 17 Keby 1S04 

Sir 

AureeabK' to the r^ (p^^st contained in y.-urs yester- 
d.iv, 1 lierevvith enclose vou the letter oi my friend 
Mr. Steele; II ma\ not be improjier to state to you. 
that this letter is an answer to one from me to him, 
iV' that it was thou<.;ht due to him to transmit with my 
letter the statement which was ])resented to eacli 



JAMES SPKUNT HISTORICAL MONOGRAPHS 53 

member of the House of Representatives on the chiims 
referred to in bis letter 

I am witli j^reat respect 
Sir Yr. most obt. sert- 
(sig-ned) Nathl Macon 
directed to the Comptroller of the Treasury — with 
the following- — N. li. after reading- please to relurn 
the letter 

Macon to Steele. 

Washing-ton 20 Fel>y 1S()4 
Sir 

Herewith von will receive the copy of two notes; 
If I erred in letting the present Comptroller read vour 
letter, you will pardon it I am sure, either Mr. Galla- 
tin or some member of the house to whom I i-om- 
municated the contents or permitted to read it, must 
have informed him of it, I confess to you mv anxietv 
on the subject of tiie RhoJe Island petitions, would not 
permit me to delay sending your letter as requested; 
On the committee of commerce & manufactures it cer- 
tainly had an effect, because they had before the re- 
ception of it reported in favor of some of them, I 
believe the securities; afterwards it recommitted to 
the same Committee, because it was stateil, there was 
more testimony to ))e laid before the committee, iind 
after retaining them a considerable tinie. The Com- 
mittee asked to be discharged, & to have the petitions 
referred to the Comptroller, both motions ob- 
tained, 

I have not hearil, whether the com[)lrol]er has 
decided on them, The reference to the Comptroller, is 
rather a new proceeding in Congress, The general 
practice having- been, not to refer subjects on which 
a Committee had acted to any department 

The Supreme Court lunderstand havedccid-^'d in fa- 
vor of the sugar refiners. This question was brought 
before th(^ Court bv an appeal, from a circuit court, 
which decided against the refiners 

I know of nothing else either legislative, executive, 
or Judical worth telling, nor even the substance of 



■)4 THE UNIVERSITY BULLETINS 

the Icstinumy whicii lius been collcciod aj^ainsl Judge 
Cluise. 

1 uin Sir iriilv vrs 
Nathal Shuon 
((ienl- John Steele 
Salisbury 

No Carolina ) 

NOT!';. 

' By the courtesy of Hon. K. J. Tracewell, the present 
C<nn|»tr()ller, I learn that there were eoiifliclinjj;- claims to the 
bounty olTered lor a lour months lisliini;- cruise by owner, mas- 
ter and crew oi the scho(jner, employed. Coui^ress ultimately 
paid the bounty to the owner or his ajifent. 

Macon to Steele. 

Wasiiiniiton 25 March 1S(I4 
Sir 

Iv.iti- last eveninj^- 1 li.id the pleasur*.' to reccjvr 
yours oltlie 15- instant, and acknowled«;'e it early this 
morning, lest the bookol accounts should prevent iny 
doinj^ alter breakfast 

Kyery thing" this two days i)ast has been hurry, liul 
3'esterday the II. of K. cleared tlie table of eyery order 
of. the day, on which it is expected it will act in the 
present session; some bills of real importance are vet 
l)elore the Senate, and tomorrow is the day fixed for 
adjourning-; The loss of the IMiiladelphia, and the ef- 
fects it may produce on Tripoli in particular and the 
IJarbary powers in g-eneral are not easily to be calcu- 
lated, but the situation of the unfortunate captives 
is readily felt 

I am very sincerely your friend 
Nathl Macon 
(Genl Steele 
Salisbury 

No Carolina) 

NOTlvS. 

' IJaiiibridge commanded tlie IMiiladelphia a .vS gun frigate, 



JAMES SPRUNT HISTORICAL MONOGRAPHS 55 

in the war with Tripoli. On October 21, 1803 he chased an 
enemy cruiser into shoal water and, while hauling- off, struck 
a reel. The Tripoiitan gunboats captured his vessel and suc- 
ceeded in floating- her under the guns of the castle. Lieu- 
tenant Stephen Decatur was detailed by Commodore Preble 
to take seventy live men in a captured Tripoiitan vessel to des- 
troy her. On the night of February 16th 1804 he ran into the 
harbor, boarded the Philadelphia, threw her crew .overboard, 
burned her to the water's edge and escaped without the loss 
of a man. 

A Treaty of Peace was made June 4th, 1805 by which Tri- 
poli agreed to cease depredations on our commerce, and on 
payment of $60,000. to release all American captives. 

Steele to Macon 

Salisbury June 7th 1804 
The want of something, My friend, which wd. be 
worth postag-e has delayed until now the pleasure I 
slui. otherwise have had of acknowledging sooner the 
receipt of a letter which you did me the favor to 
write to me about the close of the late session of Con- 
gTess. It contained, if I remember rightly, the first 
intimation I received of tlie capture of the Frigate- 
Philadelphia, and perceiving lately that tliougli lost 
to us she is also l)y the gallant conduct ofCapt Deca- 
tur lost to our inhuman enemies, the same occasion 
will serve to convey to you my condolence and my 
congratulation for these two events. Tliis mode of 
balancing the account is the more agreeafde to me 
too, as I am not in the halnt of indulging myself in 
complaints about public or private misfortunt-s All 
nations and all men are liable to them, and when they 
happen '"a wise man has nothing to do but to sit 
down and digest them " I sincerely hope however, 
that our brave Tars will not remain long- in captiv- 
ity, and that they will find a suitable remuneration 
for their sufferings in the gratitude of their 
country 

7ou were kintl enough last 'winter to give me some 
information concerning the 'Rhode Island pamphlet 



5(5 TlIK INIVERSITY BULLETINS 

l»ul I have iiol yet learned the linal issue of thai ap- 
plieatioii lo the Government. The courts ^avij judg- 
ment accordinf^ to my construction — the Treasv. 
authorized stay of execution that application mij^iit 
Ite made to the Leg'islature for relief as no other \)o\v- 
er of the (iovernnient a])peared competent to afford it 
Congress declined interference, discharged the com- 
mitte and transmitted the cases for further order to 
the Comptr. Here your last letter left the affair 
which on the i)art of Cong-ress seemed equivalent 
to a direction /o let the exentr/ons issue. Was this 
the impression at the time, or had tiie Treasy. adopt- 
ed any more opinion concerning- the law or the merits 
of the cases? 

I wisii you would also inform me whether the ex- 
Justices of the Districtof Columbia have revived their 
api)lication for a mandamus agt. the Secty. of State; 
and what appeared to be the oi)inion of the most sen- 
sible and dispassionate men in Congress as to t/ic Ju- 
dici il maiii'^etuetit of that subject The motion vou 
know for a rule was dismissed but the Chief Justice 
in assigning- the reasons of the court not only adn' it- 
ted the right of the applicants to redress but point- 
ed out (in terms sufHciently explicit to l)e under- 
stood) the mode of ol)taining- it. 

A ^question of vast mag-nitude to the whole state 
of North Carolina and especially to ihe inlial)itants 
of what is called Lord Granville's part of it is to Ije 
deciiled by the same gentleman at the ensuing- Federal 
court at Raleigh. It is not possible that as indi- 
viduals we are in any danger o\ losing, or of even 
being disturbed in the possession of our estates by 
the decision: — but nevertheless as a jmblic question 
it is entitled to attention and as citi'/ens of a com- 
numity so ileeply implicated both in its political 
character and its i)ecuniary interests, it is natural 
that we slid, feel an unusual degree of solicitude. 
The payment ofcpiit rents alone (even since the 
Treaty of ]>eace) unconnected with any (juestion con- 
cerning tile right of soil wd. ])roduce very gre.it em- 
barassinents: — a decision of both agt. us would be at- 
tended with the most serious ct)nse(juences. I tliink 
I have hearil some vears ago, that a similar 'ques 
tion was decided in the courts of \'irginia in r latioii 



JAMES SPRUNT HISTORICAI^ MONOGRAPHS 57 

to the title and claims of one of the Proprietors there 
perhaps Lord Fairfax, and that our presiding- Judg^e 
first as Counsel on the part of Lord F. and after- 
wards in virtue of a/6i/;// interest was concerned and 
had the principal manag^enient of the cause, I am 
not sufficiently informed to say whether there is any 
anlaog-y in tlie cases, and if there be, whether the de- 
cisions in Virginia were of a nature to increase or 
diminish our apprehensions. It is probable your 
neig'hbor = Judge Hall understands this subject fully. 
Perhaps it has been considered at the seat of Govt. 
Be so g-ood as to favor me with your ideas, and in- 
formation upon it. — 

I have lately seen, and not till lately the pam- 
phlet of Aristides, ^ in vindication of Mr. Burr. It 
indicates a deg'ree of rancorous irritation among* men 
in the State of New York of which I had supposed 
the american character was not yet susceptible. It 
is indeed to be lamented, that instead of union and 
affection we slid, discover in any part of our country 
such evident symptoms of deep rooted animosity and 
distraction. Contemplating- scenes of civil discord 
the great and good Jos. Addison migdit well exclaim 
"Gods what havock doth ambition make among- your 
works." 

Yours sincerely, Adieu 

Jno. Steele 
Nathaniel Macon Esqr. 

Let me know if you please to what part of the 
country Mr. Orr has removed from the City of 
Washing-ton. T wish to write to him but do not 
know by what mail. 

J.S. 
Civilians are not better ag-reed on any point in the 
whole science of Govt, than that party spirit is the 
evil g-enius of republicks and that the dang-ers to be 
apprehended from its excess are in exact proportion 
to tlie deg-ree of freedom enjoyed within, and the re- 
moteness of hostility from without. This considera- 
tion alone shd. induce virtuons men in hig-h public 
stations who derive thence an increased portion of 
iniluence in society to endeavor not vainly to depre- 
cate its existence, for in the nature of free g-overu- 



58 THE UNIVERSITY BITLLETINS 

iiK-nts il caiinol !)».• prcvL'titoil; Imt Ijv the intukalion 
of wise, just, and patriclic MUHxims ot adiiiinistra- 
lions l(» iinxloralc its elTccls, which is all that is at- 
tainable t>r peril ai)s even desirable. A cooling- reg- 
imen is best calculated to preserve unimpaired the 
health and vit^or of the american body politic, and 
to li'ive proper emplovment and direction to its in- 
tellectual powers. With respect to the Southern 
States 1 am sure this treatment is necessary- and 
woulil prove salutxirv. Those who recommend a 
difft. ct>urse are weak passionate or ambitious men; 
Slime of them sincere ])erhaps in their opinions, but 
certainly not jjrofoundly skilled in the leadins^" prin- 
cijiles of civil society, the nature of man, and llie 
coiillictin*;;- interests of our country j^eographicall v 
considered. 

NOTES. 

■ See note to letter of 2b February, 1804. 

'The Su])reme Court, in Marbury vs Madison, held that 
while it had not original jurisdiction it did have appellate 
jurisdiction. Marburv however did not brin^- suit in llu 
lower court, probably because he hud only a live year term. 
and so much time would elapse before he could L;et a decree, 
the g"ain would not justify the expense. 

'Rarl Granville alone of the r><irds Proprietors refused to 
surrender his one eij^hth title to Carolina. His share was al- 
lotted to him in severalty in 1774, being- the land between tlu 
Virginia line and .^4° .><)' N. He sold many tracts reserving; 
(juit-retits. The test suit brought by his heirs against \Vm. 
R. Davie anil Josiah Collins was tried in Kaleigh l)efore tlu 
circuit court of the United States, Judge Henry Potter pre- 
siding. Chief Justice Marshal declined sitting because of his 
connection with similar claims before going- on the bench 
The jury decided against the plaintiffs and they api)ealed t( 
the Supreme Court of the Uniteil Stales. The appeal wa^ 
not prosecuted. (Ireat Hritian had accepted three millions ol 
dollars in discharge of debts due her subjects, but the states. 
being only recommended to restore confiscated lands, nevei 



, JAMES SPRUNT HISTORICAL MONOCJRAPHS 59 

complied. Wm. Gaston was leadinjj^ counsel for the Gran- 
ville heirs and Duncan Cameron for the defence. 

^See note to next letter. 

* The pamphlet of "Aristides" was in behalf of Burr, a 
vicious attack on his opi)onents, the Clintons, Living-ston, 
Hamilton and others. The author was William Peter Van 
Ness. 

'Judge John Hall afterwards Supreme Court Judg-e of 
North Carolina. 

Macon to Steele. 

Rock Spring- 2 July ]804 
Sir 

I yesterday had the pleasure to receive yours of 
the 22 ultimo; and sincerely reg-ret that it is not in 
my power, to g"ive such an answer to your enquiry 
concerning- the fate of the Rhode Island petition as 
would please myself, before leaving Washing-ton and 
after I had tinished my business with the Treasury & 
bank, I called at the Comptrollers office with no other 
view, than to ascertain, whether he had finally deter- 
mined the case, and to enquire what that determi- 
nation was, provided he had made one; He was not 
in the Treasury department at the time: I however 
understood, thoug'h not officially that he had decided 
in favor of the prayer of the petition; on what g-round 
the opinion was formed I do not understand; The 
decision made by you, would I am sure have been con- 
firmed by the H. of R. and I entertain no doubt but 
there were some, who voted for the reference, under 
the belief that the decision would be confirmed by the 
present officer, without perhaps reflecting- much on 
the nature of the reference. This opinion is in some 
measure entertained, because the vote to refer was 
taken without debate, and I know that there were 
members, who are in the habit of speaking- who ap- 
proved of your decision; I also understood, that the 
present officer was exceeding-ly sorry that it was re- 
ferred 

I have not heard any thing- of Medeterranian af- 
fairs more than you have seen in the papers, Thoug-h 



60 THE UNrVERSITY BULLETINS , 

I believe the P-woulcl williiig'ly be at peace with 
them as well as the rest «)f the world; provided peace 
would be had on fair tS: honest principles; This 
opinion is formed only on the g-eneral conduct of the 
man 

The case of the heirs of Lord (iratnille is not now 
talked much of, with us, it is i^enerally said he will 
not recover; and m )st, if not all seenisatislied with the 
opinion; I have not heard the opinion of any Law- 
yer or Judo^e. It was made an objection to the treaty 
negotiated by Mr. Jay, that it would at least induce 
the heirs to put up a claim and Mr. Tracey ' of Con- 
* necticut, then in the h )use examined the question, and 
declared detidedly that the heirs could never recover 
one foot 

The Fairfax claim- was purchased i as I have un- 
derstood, or rather as well as 1 now recollect, what I 
formerly heard,) about the time of the treaty, suits 
were broug-ht, Mr. Marshall was a partner in the pur- 
chase, his brother James made the contract with the 
English claimant, whether Mr. M. api)eared as coun- 
sel for the i)laintilT I do not recollect, but he certain- 
ly was in fact, the leading counsel, wliether he 
appeared at the bar or not; The State of Virginia 
and the purchasers of Fairfax at last coini)roinised 
but I do not know on wbat principle the compromise 
took place 

Patience will bring everything right in a free 
country, and if contrary- to my expectations the claim 
is supported, we must exercise the same patience, 
which we have done, on other great questions. The 
assemblv I hojie will not t(»uch or meddle witli the 
sul)ject at their next meeting 

Permit me to assure you, that the sentiments of 
res])ect which you liave expressed are it always have 
heen rt.'cii>rocated by 

yrs sincere! v 
(Ceiil. .lohii Steele " Nathl M.icon 

Salisbury 
No Carolina) 

NOTi;s. 
'Uriah Tracy, Senator from Idiinecticul; .i la wyer; nuinliei 



JAMES SPRUNT HISTORICAL MONOGRAPHS (11 

3f House of Representatives 1703 to \7*)(> and of the Senate 
17*H»-1807. He contended (a)tliat North Carolina succeeded to 
Giranville's, as well as the crown lands, by the Act of Indepen- 
ilcnce. (b) North Carolina's claim was g"Ood by Acts of Con- 
fiscation, (c) That the treaties of 1783 and 17'H conferred 
ri<4"ht only on those who owned lands at those dates. It was 
reported tliat the Granville heirs had received ^^60,000 from 
the British treasury as compensation for their losses. 

' Thomas, Lord Fairfax, of Greenwa}- Court, in the Noth- 
2rn Neck, between the Potomac and the Rappahannock. He 
owned over 5,000,000 acres of Virg-inia lands. He died in 1781 
devising- part of his estate to his nephew Denny, afterwards 
Lord Fairfax, a resident of England. Messrs. Marshall, Col- 
ston and Lee bought the interest of this nephew. After liti- 
gation, John Marshall, attorney, also one of the purchasers, 
in 17VX) made a compromise with the state, which was carried 
into effect by an Act of the Assembly. The devisee of Lord 
Fairfax, and their assig-nees relinquished all claims to those 
Fairfax lands, "which were waste and unappropriated at the 
time of the death of the elder Lord Fairfax, and the state of 
Virg-inia relinquished all claims to lands specifically appro- 
priated by the said Lord Fairfj x to his own use, either by 
deed or actual survey." The act was passed "on the petition 
of sundry inhabitants of the counties of Hampshire, Hardy 
and Shenandoah." 

Macon to Steele. 

Washington 12 Deer. 1804 
Sir 

This place has during the present session been 
one continued calm, no political event has hitherto 
produced any warmth on either side, nor is there yet 
a motion made, wliich will chang'e this happy state 
of affairs, but a report which must be made on the 
petition of those generally denominated yazoo men, 
will probably destroy the quiet of the session, this 
opinion is formed rather from former debates, than 
any thing that 1 have heard since coming here; Not- 



ti'i 



Till'-. I'MVKUSITY mi-MCTINS 



wil lisl. Hilling tliis tciii|MM ;i ti sliilrnl ilir luuisc. tin- 
itiltTidiirsr lu'lwfi II HkitiiI (lilliiciit |H.litits, isind 
more rrc(|iu'iit tli.iii loiiiU'rU; 

'Plu- lilv is mil nmiiii>iil V dull, mid Imusi's iiurcisi' 
liisk-r tli;iii iiili,il)il;iiils ;i lew lU'w oiU's jiii' liiii Id iii^', 
wliik' soiiic III (iinsc ;ilr.Md\ liiiill ;iif not iiili.ibiU-d, 

( K'or^itowii li.is iiii|>i(>\ ((1 .1 liiiK- |>.iitii iil;irl V tlu- 
slrocls siticf yi'ii ^il\\ it . 

It is hclirvril li\ lliosi' wlui ])ri'l('iid to l)i' hi'st in- 
loniii'd, tli;i( 'Pii|Mili will sodii Ik- i(»iii|»clK'd to pi'inr; 
il lliis should 111- llu- liisr, ,ind tlu- JMiropiMii hi-IU'j^iT- 
rul powiTs Hot itil riii-^f our iiriit r.il ri<^lits, we sli;ill 
soon 1)1' ill ;i silu.itioii to irdin (• the t.i\ on some im- 
]ioi'trd .irtit Ic, 

'Phis letter will rouvHhi' \oii, tli.it tiotliilli; hut .i 
<K'silT to wiitf to \iiu, idlild he 1 1 le r;nisr ( 1 1 writillj^' 
— yrs ti ul\ 

N;ithl M;u(>ii, 
(C.i-iil. .lohii Stri'li- 
S;ilishu!\ 

No ( \ndliii;i) 

No'l'KS. 

' 111 I7'*.i loin liiiid V oiM|i;i!liis, ii\' hrihrrv as was lu'licvrd, 
oht.iiiiiil lidiii the ( ieiiiiM I .issciiiiiU o| ( Ii'orj^ia f^raii Is lof 
.ihout .v-.,i»ii(l,(iiii» ;i. Ids. alioiil hall ol Ihr lerrilory hotwcrii 
t he ( leoiM ia liiir .iiid the M ississi ppi ii\i-f. lor SSlK), 0(1(1 or 
.•ihniit mil' .111(1 .1 h.ill iiiils per aire. In 17*M> a iirw lej^isla- 
luii' |i.isM»l .III .III levoKiiiL; Ihi'saU', and iii.iiiv ol llir stoik- 
Imldris SUM vii(l( iid tluii roittraits. Main, howrxri", sold 
llirii rlaiiiis to [u rsoiis in New I'/ii^land .iiid elsewlieie wln) 
stood III llie li^llt ol iinioietlt | Ml fill .iseis. Ill I'MeKlier vs. 
1 'ei iv I he Supi line ( "oil! I siist.i I Met! t heir t i I le. the I e| le.i 1 i n;^' art 
heillL; Ullioilstiliitiiiil.il. In 1 SdJ ( ieorj; i.i i eded the tiTritolN 
west ol her limits to ihe I'liiled Slates. The pureh.isers troiii 
llu' grantors ol I 7'i.s ,i|i|»lied to ( 'oii;^ ress to |ierliil lluir titles 
or v«Miipeilsale llieiii in iuoiie\ . .lulin l\'aiidoli>li opposed them 
lii-ri'idv and siui ei-ded in postponiiis^ .u lion tiir yiMrs hi 
LSI .M'on^ri'ss eoiiiproinisi'd ihe in.itlei lot S.s.odO.ddd, p.i\a- 
l»le ont ol the saK'sid the l.iiid in ipieslioii. 



.lAMKS SIMMINT 1 1 ISI't >i;i(" Al , M()NO( U{ Al'l IS 



(•>:{ 



11 is il(»li(T;il)U- lli.il K'.iiidol |ili \v;is (K'U'.ilcd lor IliisCnii- 
Q;Tt'Ss li\' John \V . IO|>|)cs. /\ Mr '(iiimiissioiu'is, M .idisoii, ( !;i I- 
li'itin, l/(,'vi l/iiudlii, \vi I li .l;iiiics .l.uksoii, Sci'icl.irv ll.ildwiti 
and ( lOvrlMlor Millcd;4r, li.id iiu i iiiiiiicii(K'd ;i r(iiii|iioiiiisr. 

.S'AvA' lo Mitcoii . 

S;ilisl.iirv .hiiiv. I7lli, 1S(»S. 
Drill- Sir, 

About four vvt>(d<s ;i<4'o I li.id tlu- plriisiiic lo ic- 
iHMvi- your iiiiu li I'sU'i'iiU'd luvoi ol llic 12lli ol hcrciii- 
1)01" .'111(1 w<I. liii\c ;i(i<uowlt'd<4'c(l Mi\ ohli^alioiis lo 
vou lor it sooiirr, il ;iu nilirc liiihirc in llic ;irri v;i I ol' 
our Mails siiui- I li.il lime ( orc'isioncd hv uncoininoul y 
(lcH'|)' snows) liiid not pi rvcnicd nu'. Your kindiu-ss 
in rciiiciiii)crin<j; iiii .ihsnit liiciid is riilillcd tollic 
best roliirn vvhirli ;i siiutic ,ind i^riitilul lirarl (.all 
inako: iiiiiic 1 trust you will always lind duly sensi- 
ble of \()iir atlcutious and dcvolcd lo llic cullivalioli 
of t liosc Iricud I y dispositions wliii li i ii every sit nation, 
but espetially ill a retired one, coiistilute a prineipal 
share ol our bi'st eiijoynieiils. In privati' lile, il is 
nalural that a man should a |>pret ia l(.' hif^hly the (d- 
liees ol personal re}..;ard, and when these come, like 
yours, Iroiii oucol a dillt parl\ name thcv win upon 
the heart not as Irieiidlv atlciilioii;. iiurelv but as in- 
dications olCaudor and lib(ralit\' risiiij^- superior to 
the iJrejudices aiid passions (d the times. To the 
want III a suHieieiil dc^^ree ol this same spirit (d can- 
dor and liberality is to be a^^cribcd I ha t distance and 
reserve which you iiilorm me slill continue to be kept ' 
U]> ainoufj; llu' Members ol (N)nf.;ress 'iMiis state of 

thiu/^s, however we may unite in laiiieiiliufj;- its exist- 
ence is an evil not lo be ( un d while bolli parties be- 
lieve or pretend lo b( lie\c, llie laull lo be with their 
opponents and umI with themselves as il \irlue and 
vice were syiioiioiiious with p-'irty disliiu lions 
Those who in a party sense hare hrcii I'dlvnihsls ( lor 
you must iKdice here as in loriiier U lle|-s that I speak' 
ol thai |»arly as //(ir/iir^ hccii^ because il was in my 
opinion dissolved al the loiu lusioii ol the late ^x-iier- 
aj peace when the I'reiicli revolution terinina led, and 
our ])ro( lama tion ol iieiilralily (d 17').^ and the f^reat- 



64 TICK rXIVKKSITY IlUrj.KTINS 

cr i);irt ol the measures wliieli i;-re\v out of il had tlieir 
elTect) charge 1-2 ol your party with maintaining- the 
odious doctrine of a general expulsion of all who are 
called Federalists from office, and the other and better 
because less unjust and irrational half, with the toler- 
ation of those who are /// but the rig-id exclusion of 
all who are out. This last, they say, not less than 
the iin.t is a departure from tlie broad and g-enerous 
principle avowed in the President's inaug-uration 
speech, which is the f)nly one that can or ought to 
last, and that indiscriminate exclusion for matters of 
opinion with reference to our disputes, is in effect not 
merely to "call by different names brethren of the 
same principle" but to treat one class of brethren 
worse than Aliens. Although the Federal ])arty in 
the sense which I have supposed the proper one may 
be dissolved, the individuals continue, and nothwith- 
standing- the sul)mission of many of them to the will 
of the majority in changing the Administration, their 
explicit approbation of some of the acts of (rovern- 
ment since (particularly the acquisition of Lousiana 
and the measures adopted for the reduction of the 
Funded debts) an entire cordiality in their intercourse 
with your party, either in or out of Congress, is not 
in the nature of things to be expected, while tlieir ///- 
di$cri))ii)iatc exclusion is either openly vindicated, or 
tacitly adhered to as a maxim of admiiiistration. It 
would well become a man of your independence and in- 
fluence to inculcate the injustice and narrowness of 
such a sentiment, and that being, though in a less 
violent degree than expulsion, a species of political 
persecution you may easily show that it cannot stand 
a temperate and enlightened examination. Another 
reason will of course occur to you. that from the tend- 
ency of elections in some of the States it must have 
become manifest of late to the good men of your par- 
ty, that in soutiiern sections at least the}' have more 
to api)rehend from another (piarter than from the Fed- 
eralists, and that however complete your party tri- 
umphs may seem to be, they cannot have beneficial 
and permanent effects, unless you guard agt. the arh 
and violent eoiniseh of your li.vrlitsioi/ists. Had Majr 
Franklin' understood this subject better, had he 
turned his eyes in time to the (juarter whence real op- 



JAMES SPRUNT HISTORICAL MONOGRAPHS (55 

position came, he mig-ht perhaps been continued six 
yrs. long-er! ! ! Here ni}' friend, let 3-our ov/n reflec- 
tions supply the rest. What I have sug-gested has at 
least the merit of being- disinterested, and proceeds 
from that unreserved confidence which has character- 
ized all my intercourse with you: — an intercourse l)e- 
g-un when opinions were free, long- before political 
differences were sharpened into animosity, and sus- 
tained without interruption throug-h the most viru- , 
lent seasons of it. 

Not having- seen a newspaper for some weeks, ow- 
ing- to the detention of four mails I am as ignorant of 
what is g"oing- on at Washing-ton since the date of 
your letter as the man in the Moon. These privations 
which only disappoint my curiosity a little are not 
however without their advantag-e, for they leave my 
mind more unoccupied and better fitted to pursue a 
course of reading which keeps me employed with the 
hope of becoming- a more intellig'ent and useful mem- 
ber of society. In this pursuit I have moved on for 
two years past with g-reater assiduit}' and success than 
in any other equal period of my life; a g-ood arrang-e- 
ment of ni}- little estate leaving- me but few cares or 
interruptions except such as proceed occasionally from 
the want of health in my family, and these visits 
which are only autumnal I shall endeavour to pre- 
vent after another year by a temporary residence an- 
nually at the Botetourt sp^ing-s^ or some other civil- 
ized place where I can keep m}- wife and children well. 
Twenty acres of cotton more than m}' overseer at 
Lethe is preparing- to plant for the next crop will en- 
able me to do this, and then ( - my own health being- 
already quite robust) I shall be as happy as peace of 
rnind, and good will to all the sons of Adam can make 
me. Of this long-, and the misanthrope would per- 
haps sa}' shabby list, there is not one who would 
serve you with more pleasure or who is with g-reater 
sincerity and truth your friend than the one who now 
wishes you an happy new yr. and many of them, full 
of honor and uninterrupted satisfaction 

Adieu 

Jno. Steele. 
Nathaniel Macon Esqr. 

House of Representatives 



()<■> THE UNIVKKSITY BtTLLKTINS 

It will require some p^reatness of mind on both sides 
to search dispassionately for the causes of this, 
and still more perhaps to apply a rational and 
well timed remed)'. 

There are times when passions are necessary hut 
such are not the present. Your best Doctors and 
Dr. Macon amonsj^ the rest, I have no doubt 
recommend a coolinj^ rcg^imen as the best means 
of abating- that fever which has brou<i;-ht, and 
must if not checked continue to brinfr noisy and 
inferior men into j)laces of distinction. You 
want, especially from the Southern States, clear 
headed, well informed, virtuous men; — whether 
your chance of <^)btaininfr them be increased or 
diminished by tlie doctrine of exclusion is a very 
simple (juestion. 

NOTES. 

' A similar snow fell in North Carolina in 1857. 
The Treaty of Amiens, March 25th, 1802, nejrotiated by 
Lord Cornwallis and Joseph Buonaparte, concludinuT the war 
between En«rland and France and their respective allies. 
The peace proved to be only a truce and was ended in \S03<. 
General Steele's notion that the Federal party came to its 
end in 1802, proved to be illusory. JclTerson seemed to ap- 
prove it when he sai<l in his first messag^e; "We have called 
by dilTerent names brethren of the same jirinciple. We arc 
all Federalists — all Republicans." 

Messe Franklin, U. S. Senator 178')-1805. State Senator 
1805 and 1806. 1^ S. Senator a«rain 1807-'13; Governor of 
North Carolina 1820-'21. In 1805 he was defeated l>y James 
Turner. 

'In tlu- mountains ol \'iryinia. 

M(irov to Steele. 

Washinnlon !'• Jan v. 1805 
Sir 

This Session ol Conj^'^ress has not hitherto jiroduced 
a fact, word) writini,-- which mav not be seen in ever}' 



JAMES SPRUNT HISTORICAL MONOGRAPHS 67 

news paper in the U. S. It is possible I may have 
told you this once before; The debates have g^ener- 
all}' been conducted with moderation & temper not- 
withstanding- there has been a subject or two, which 
in their nature must have very much inteiested the 
feelingfs of many; of this kind is the present trade to 
St- Doming-o; which is chiefly carried on by armed 
vessels, without authority for arming-, and mostly it 
is believed in articles contraband of war; The armed 
vessels as well as their warlike carg-oes arc under- 
stood to be sold in the Island at very high prices; 
This kind of trade must I conceive produce the same 
sensations, in the European governments, who have 
colonies in the West Indies, as it will produce in the 
states whose population is not all of the same condi- 
tion and color; The Government of France', which 
has not yielded the idea of conquering the Island, and 
reducing the inhabitants to the situntion they were 
in before the revolution; may view this merchantile 
project, in rather a more strong light, than the other 
European Nations; A bill to reg-ulate the arming- of 
merchant vessels has passed the H. of R. and is now 
before the Senate, The bill is scarcely strong enough 
I fear, to produce the desired effect, when the great 
profit of the trade is considered 

To restrain if possible, by law the violation of our 
neutrality and our neutral rights in our waters, will 
be a subject of some difficulty, the opinions which 
have been expressed on this point are various indeed, 
no decisive vote has yet been taken by which an 
opinion may be formed, as to the result, 

The British Government are I am informed deter- 
mined to enforce their navigation law% This will 
probably if rightly carried into execution, give some 
uneasiness to our Merchants & navigators, and may 
possibly during the present session g-ive rise to a 
motion or two if nothing else; This determination 
will doubtless produce in the U. S. many projects to 
countervail, almost every politician will have a plan, 
and each of them will fancy his own quite certain to 
produce the desired effect; Whenever a step shall be 
taken on this ground, must be examined in the most 
deliberate manner; it effects may come to every man 



(58 TIIK UNIVUKSITY IUr,I,KTrNS 

;il lioim-. It will ;ils(> ]tr(>(lucc ;is scri(Hisc<)nsc(|iU'iut's 
1(1 the i»c(»i)lo (il l>ril;iin. 

I li;ivo not lu-ard, who the new ■ rillorvKv j^ciK'ial 
is to he; heloro this yovi have seen thai Mr. Iyinc»»ln 
has resigned — It is reported, that there is some dif- 
ficulty in iiettini": one to accept 

We have a very severe and very dull winter in the 
city- I am Sir yrs truly 

Natlil Macon 
((Jeneral John Steele 
Salisi)urv 

No Carolina) 

NOTlvS. 

' Tlie eastern part of Santo Domingo mider the Spaniards 
was not affected l>y the rehellion in llie western part 17'M- 
'*)7. In 17')5 S])ain ceded its rij^hts in the island to l'"'raiue. 
In ISOl Toussaint Louverture ruled the island. In lS(t2 the 
Krench occui>ied it, l)Ut were driven out <»f the western part, 
retaining- their hold in theeastern until ISd*). when the ICnj^- 
lish captured Santo Domingo and Samana and i.;ave ^Ihem to 
her ally Spain. 

The chief ol»ject ci the na\i^' ition. law at this time was t<> 
prevent Atni-ricans :ind other nenlrals from larryinji- blench 
an<l Sjianish su<j;'ar from the West Indies to Kurope. 

'Kohert Smith, of Maryland, was transferred from tli« 
Navv Department to the Attorney (lencralship. After hold- 
in<.i" the oflice for .i few months he was ap])ointed Secretary td' 
State- In ISll Madison rejdaced him hy James Monroe, 
lie was succeediMl in theoftice of Attorney (leneral hv John 
l>reckinri(i<4;-e, yratidfalher of vice-IVesident Jnhn C Ureckin- 
rid>4i-; Senator from Kentucky 1S(I4-'(I5. Caesar A. Rodnev, 
of Helaware, was successor to I JreckiiiridL^e. who di(.'d iu 
Decemher, ISOi,. 

M It r 1)11 /i> S/rr/r. 

Wash in;.,"- ton .> March 1S(I5 
Sir 

I have ri'ceivt (1 vour li-tter and owe vou answer. 



JAMES SPRUNT HISTORICAL MONOGRAPHS 6i) 

which I have not before g^iven; can only now say what 
you- know, that the session is ahnost at an end, and 
that I am truly 

Yrs. 
Nat hi Macon 
Debating- a bill to add to the pension list 

(Genl- John Steele 
Salisbury 

No Carolina) 

N(JTK.S. 

Endorsed on this letter in Oen. Steele's hand writing- is the 
following-, doubtless his mode of cultivating- iiis plantation 
Lethe. 

1SU5 ^Ch. .side- SOfotUm ^Pe« H. 4<) o-.its iBaruf. tiU wheat ^Bottom -'O corn 

1S(K) " oats " wheat " cotton " (KJ corn 

_^1,S07 '- wheat " (iS cotton " corn " oats 

-1S08 " " corn " oats " wh(;at 

1800 " 05 corn " (15 oats " (55 wheat " (i5 cotton 

Total, 2(10 acres. 

' Names of his different lields. We can only gaiess that 
Ch. side is Chilly side and Peg II. is Peg- Hill. Barn he Id and 
Bottom are sufficiently plain. The list is printed in order to 
show the rotation of crops adopted by Genera' Steele, as well 
as approximately the size of his farm. As plantations in his 
da}^ had a generous (]uantity of woodland. I conjecture that 
Lethe contained 800 to 1000 acres. 

^Ch. side was "turned out," or lay fallow in 1808. 

Macon to Steele. 

Washing-ton 10 Jany 1808 
Sir 

The letter you wrote to me on the 20 -ultimo, came 
to liand yesterday, The contents was immediately 
communicated to Mr. Turner, 'who instantly answered 
that his ag;ent in Carolina had informed him, that his 
horses were engag-ed for the next season, and that if 
they had not, he would most willing-ly let you have 
one on the usual terms; I do not know where either of 



70 TlIK INIVKKSITY lULLETINS 

the horses nuMitioned by you are to stand next sjjriny;-, 
nor do I know to whom either of tliem behjug-; Whi|» 
was hist year in Georg'ia 

Mr. Turner informed me that he expected the i>edi- 
i^Tee iSc oerformance of his horses wouhl be published 
in llie news papers, he has them not with him, or I 
wouhl send them to you He also informed me that 
Mai^ic would stand this season in your neij^iiborhood 
and that he would sell one; I was this morning- at 
(lenl. Bl'junt" lod«^in!4"s, where the conversation turn- 
edon horses, he bad in his possession several volumes 
of the Sporting- Magazine he turned to one, and 
read an account of the winners for 1806, in which 
Mountaineer a son of Mag^ic won 13 times that 3'ear 

It is I think (juitc prol)able that all the stallions of 
note, are engag^ed before this for the next season 

I am sorry that you should make any apolog-y for 
writing^, your letters are always «rratifing^ and accep- 
tal>le, & I have more spare time than usual, because 
my health will not permit me, to be engag^cd so zeal- 
ously in I)usiness as formerly 

What is to be the result of our disputes with foreigfu 
nations God onlv knows; The last account from Nor- 
folk is that Mr. Rose" was still on board the Frig-ate 
in which he arrived, It has been said that the neces- 
sary orders were issued for his landing- before his ar- 
rival, and that the}' had been repeated since, I know 
nothing- as to the truths of these facts, but gfive them 
as I have heard them; France will probably now ex- 
ecute her decree, ■* of the 21 Novr. -(>, ag-ainst G-Bri- 
tian; This if done, will be felt l)y us and will I think 
add to tlie difhculty of settling- our affairs with Great 
Britain and there seems to be difhculties enough al- 
ready to i)uzzle the wisest head; France & G. Britain 
may be compared to a Tiger iV Shark, each destroy- 
ing- every thing- that comes in their way, their late 
conduct to Denmark anil Portugal, without recurring^ 
to any other fact is enoug-h to establish the propriety 
of the above 

By the public prints you have discovered, that Ct>n- 
gress have made very liberal appropriations^ for for- 
tifications and gun boats, to this liberality I have no 
claim; the lirst seems now to be almost useless in 



JAMES SPRUNT HISTORIC jVL MONOGRAPHS 71 

Europe, and as to the second, we oug-lit to have a lit- 
tle more experience before we adopt it as a system of 
defence, 

I am very much & sincerely 
Yrs. 

Nathl Mcicoii 
Mr. Steele. 

NOTES. 

' Governor James Turner. 

See letter of September 15, 1S02. Note 1. 

"Thomas Blount of North Carolina. Lieut, at Eutaw, 
Major General of militia. Representative in Congress 17')3- 
'99, 18(»5 '09 and 1811-'12, died in Washing-ton City. Februa- 
ry 12, 1812. He was a younger brtjther of General and 
Senator Win. Blount. 

^George Rose was British minister to the United States 
1807-'08 to settle the difficulty arising from the attack on the 
Chesapeake by the Leopard. The President had issued a 
proclamation, interdicting all armed vessels of Great Britain 
from the waters of the United States & forbidding all supplies 
to and intercourse with them. Vessels in distress or bearinir 
dispatches were excepted. Mr. Rose under instructions re- 
fused to consider the question of the Chesapeake outrage un- 
less this proclamation should be withdrawn. The President 
offered to withdraw it on the same day that the reparation 
should Ije made. This was declined on the ground that the 
proclamation was offensive. Mr. Rose likev/ise objected to 
including- the right of searching merchant vessels for British 
seamen. As no agreement was reached he returned to En- 
land. In 1809 the affair was settled, the act of Captain Hum- 
phrey of the Leopard was disavowed, the men taken from the 
Chesapeake restored and provision for the sufferers was offered. 
The British minister announced that he considered the non- 
intercourse act of the preceding- session as placing France and 
England on the same footing and hence was willing to offer 
reparation. 



72 THE UNIVEKSITY liULLETIXS 

'Tlio Berlin Decree. It declared the British Isles in a state 
of blockade, and all British merchandise, even on neutral vessels 
to be lawful prize. It greatly injured the United States. 

In 17'>3 and 17*J4 Eng-land prohibited trade with France. 
November 11th, 1S()7 a sweeping- order was made prohibiting- 
trade Irom the United States to any Euro|)ean country 
under Napideon's power. 

lii.^ g-unboats were built. Thi)tn:is Paine was employed to 
defend the policy of relying- on them, lie ende-dvored to show 
that seventy four g-uns on seventy four vessels would do twice 
as much damage as seventy four g-uns on one vessel, and 
w(.)uld cost much less. The experiment was not successful. 

Maco)i to Stcc/c. 

Washing-ton 20 Feby 1809 
Sir 

I have received the letter which you wrote io me 
on the 29 Ultimo, our affairs are still as perplexed as 
ever, what course Congress may take during- the ses- 
sion, relative tt) our foreig'U affairs is yet doubtful in 
my oi)inion 

l)y this mail I send you a message of the Presi- 
dent, which is a valuable collection of the wrong-s 
that bellig'erents have inflicted on neutrals 
I am much & sincerely 

Yrs. 

Nathl Macon 
(denl. John Steele 
Salisbury 

No Carolina) 

Macon to }'aiircy. 

iiuek Spring ' 2tt June 1S2(» 
Sir 

I have received your letter of the 2 instanl. and 
thank you for the trouble about tlie linnen, if you 
should get it, it will answer for anotlur year, but as 
it is now too late for this; trt)uble yourself no more 
about it, if however you have g;ot it. send as beft)re 
re( pies ted 



- JAMES SPRUNT HISTORICAL MONOGRAPHS 73 

As I never did tior never sliall sliylioi;-, J only 
know, what was to be seen or lieard about it at the 
last session, much was done and more openly about 
the Missouri compromise than I ever witnessed be- 
fore; I have no doubt, it would not have taken place, 
had not the administration, and the supposed leaders 
of those opposed to it, declared in favor of it, after 
Storrs' ^ motion had been rejected; which would have 
g-iven two dei^rees more to the people of the south; 
The history of the transaction is too long" for a let- 
ter: of the great men at Washing-ton, Crawford •* I 
think rather st^mds highest, though he not so high 
as he has done; Monroe has no opposition in Con- 
g-ress, nor has he much real support, it is a sort of 
calm, all looking beyond him; Adams has a few warm 
supporters, a part of them from local considerations, 
and others for his violent defence ^ of the attack of 
the Spanish forts in Florida; Calhoun stands well 
with the military; the manufacturers not so well as 
formerly, though well enough, and with those for in- 
ternal improvements very hig-h Clay stands high with 
the two last mentioned, what his plans are I know 
not, had Tomkins^ have been elected Governor, he 
would no doubt have been. a candidate or rather run 
for the Vice President, I should not be surprised, if 
he attends the next session of Congress 

I have no desire for any place & shall attend the 
next session of Congress, because the Missouri ques- 
tion, may return on the admission of the state to the 
union; If Holmes ' & Hill should be elected Sena- 
tors from Maine, they will strengthen the Senate on 
the question, which is now believed to be strong- 
enough for the admission, but may weaken the H. 
of R. 

I sincerely hope you may call here on your way to 
Halifax, I am very desirous to see 3'ou; The last 
was the most disagreeable session I ever attended, 
thoug-h I have seen some more hot & boisterous 

R. King® has I think lost ground, with his party; 
Pinkney"^ & Smith' '' replies to him on the Missouri 
bill, lessened his reputation as a statesman and pub- 
lic speaker, or rather his own speech done it: Re- 
member me in rig-ht down g-ood will to your wife & 



74 TUE UNIVERSITY BULLETINS 

children I slumld be truly j^lad to see tlieiu believe 
me vour Irieiid 

Natlil Macon 
(Mr. liartlett Yancey 

Caswell C. H. 

No Carolina) 

NOTES. 

' Mr. Macon's Plantation iionie. 

"Often useil by Mr. Macon. 'Pile word is undoul)ted!y met- 
aphorical, taken from "beating" the woods" for shy, or run- 
away ho<^s. 

'Henry R. Storrs, of Connecticut; settled in New Y(irk. 
Representative in Con^^ress, ]817-'21 and 1823 '31. His mo- 
tion was that slavery west of tli'.- Mississippi should l)e inter- 
dicted in the territory north of thirty eij^-ht deg"rees. 

* William Harris Crawford, of (^eorj^ia. His paralytic ' 
stroke was not until the summer of liS23. He never recovered 
his vig-or of mind and body thoug'h he lonj^r clun^- to the hope 
of being- President. He was Secretary of War 1815 to 181(). 
and Secretary of the Treasury ^S\U to 1825. 

■^ The seizure b}' General Jackson of the posts of St. Marks 
and Pensacola, and the fortress of liarancas, on the ground 
that the Spaniards harbored hostile Indians and instigatod 
invasions of the United States. John Ouincy Adams, wa^ 
Secretary of State. The House of Rei)resentatives sustained 
Jackson by 91 to <)5. Calhoun the Secretary of War, disap- 
proved Jackson's course. After several years, Jackson 
learned this from Crawford and became hostile to Callu)un. 

''Daniel I). Tompkins, of New York. Vice President froiu 
1817 to his death in 1825; (iovernor during" the war of 1812. 

'John Holmes, Senator from Maine, 182<> to 1827, and 
1829- '33. 

Mark !>. Hill was a Representative from .Maine, 1821-'23. 

John Chandler was the t)ther Senator from Maine, 1820-'2'' 

Maine was admitted into the Union April 15th. 182<». 

' Rufus King; Dorn in Massachusetts; Delegate to the Con- 



JAMES SPRUNT HISTORICAL MONOGRAPHS 75 

tiiicntal ConyTcss, 17S4-\S(), and to the National Constitu- 
tional Convention, 1787; Kemoved to New York City, 1788; 
United States Senator, 178') ''iO, and 1813-'25; Minister to 
Great Britain, 1796 1803, and ag-ain 1825-'26. 

''William Pinkney, of Maryland. One of the Commis- 
sioners under Jay's Treaty. Minister to Great Britain, 1706- 
'11; Attorney General of United States, 1811-'14; Represen- 
tative in Congress, 1816; Minister to the two Sicilies, then to 
Russia, 1816-18; United States Senator, 1820, to his death 
in 1822. After his speech in reply to King-, the latter shook 
his hand and said, "Sir, you have acquitted yourself to-day 
as a scholar, a statesman, and a gfentleman." 

'"William Smith, of South Carolina, was Senator, 18l7-'23, 
and 1826-'31; twice refused appointment as Justice of the 
Supreme Court of the United States; Removed to Alal>ama 
in 1833; was opposed to nullification. 

Macon to Bartlctt }'anccy.^ 

Washing-ton 29 Jany 1824 
Sir 

It was said of old, that one good turn deserves an- 
other; They may not be of equal value; thoug-h the 
desire of each may be equally friendly; The opin- 
ions of the court of Kentucky,- & your reasons for a 
new trial, have been received, for which accept my 
thanks: A Juryman is not allowed to be a Judg-e of 
law, but only of facts, unless in criminal prosecu- 
tions; hence it is not fit for me, even to attempt to 
decide between such mig-hty law characters; It may 
however be allowed to observe that in trials, of the 
very g-reatest importance; if the shadow of doubt 
exist in the mind of the Court a new trial oug'ht to 
be g-ranted; nay where the interest of a whole society 
may be at stake, it might be worthy of a Court, to 
g-rant a new trial, to convince the most interested; 
that his case, was not decided without a patient & 
vigilant investigation 

The constitution of the U. S. oug-ht to be executed, 
as it was explained by its friends in the state conven- 



7fi THE UNIVERSITY BULLETINS 

lions whicli iidoplrd it; The siitiK- remark will ap- 
ply to the amondinonts which have been made to it, 
to take by construLtion or implication more power, 
tlian was claimed by them; seems to savour of de- 
ception, nay almost of a fraud on the people; One 
reason for atloptinij;" it, was to j^ct clear of pai)er 
money & to have but one currency in the nation; Un- 
fortunately however power has been assumed to es- 
tablish banks & they issue a paper currency, which 
is not of the same value, in the same state; Credit 
is the effect of propert}^ or yood character; unless the 
morals be perfectly sure, it often shakes both; neg'o- 
tiable paper of all sorts; results from Credit & that 
from want of money, which is rendered more scarce 
bv the use of credit; which was intended to supply 
the want; Every kind of neg'otiable paper adds to 
the evil & increases the tendency to render money 
more Scarce 

I fear these observations are too old fashioneil for 
vou, though they were once, in g-ood repute with the 
old republicans: as they are out of fashion, they are 
only intended for your own eyes, & not for those of 
any other ])erson; That happiness & pros])erily may 
attend you, it all that are near and dear is the sin- 
cere wish of 

yr. friend 

Nathl Macon 

Add that the currency of banks is alien, in states 
which did not establish them, & that all debtors are 
liable for hard money: Indeed the branch 1)anks of 
the U. S. are almost alien to each other iV to the 
mother bank 

NM 

NOTKS. 

' llartlett Yancev was a lawver, and on«' of the most inllu- 
ential men of his dav in Norlii Carolina, lie was .1 K'ejtre- 
sentative in Compress, ISl.^ '17; Speaker of the State Senate, 
lS]7-'28. He declined the mission to IVru, tendered by 
Adams. 

Mr. Macon ]>robably speaks of IJriscoe vs. liaiik ot Ken- 
tucky, 11 Peters, 257, which decided that the bills <jf a bank 



JAMES SPKIJNT IIISTOKTCAI. MONOGRAPHS 77 

chartered by a slate arc not "hills of credit," whicli are pro- 
hihited b}' the constitution, even thou<>"h the state is sole 
stock holder and ajrrees to pay the l)ills in case of failure b}' 
the bank. 

Macon lo Vanccy. 

Washing-ton 7 Feby 1824 
Sir 

If you are not at home, when this letter g-ets to 
Caswell-C-H-; It may stay in the office; or Mrs. Yan- 
cey may take it, open it ik read it, & then keep it for 
you 

It was written to a much esteemed friend, who be- 
fore it was sent, came here, & as I hate to write for 
or to no body it is transmitted to you, not that I 
think it any great thing, but that I had rather you 
had it than to I)urn it, which you may do 

Gales & Seaton's ' paper yesterday announced the 
ante caucus ' determination, & the invitation to one; 
Crawford ' is much mended since my last, & told me 
last nig-fit, that he was mending fast in every re- 
spect 

It is reported that the friends of Clay & Calhoun 
continue to be the most industrious; & that Clay ex- 
erts himself very much; I have been told that all 
unite ag^ainst Crawford, & against a caucus; He 
however I am almost certain has more than 80 friends • 
in Congress, perhaps near one 100 — God bless you & 
yours 

Nathl Macon 
(Mr. Bartlett Yancey 

Caswell C-H- 

No Carolina) 

NOTES. 

' Joseph Gales and William W. Seaton. Their paper was 
the National Intellig-encer, 1807-'60. They also published 
the Annals of Congress, in forty two volumes. 

''Mr. Macon means the anti-caucus call. His prediction 
was not verified. Only 66 out of 261 members of Congress 



78 THE UNIVERSITY BULLETINS 

atterKK'd. (ViiwlOrd atid (iallatin were nominated. 'I" 
last C()ny;rcssi()nal Caucus was held February 14th, 1824. 

''Crawford had a stroke like j^aralysis before this an< 
was used ayainst liis randidacy. 

Macon to Vanccw 

Washinjrton 34 Febv 1S24 
Sir 

It is now^ l)elievcd here, & some say known, that 
Calhoun ' has withdrawn from the contest for the 
presidency; & that his friends will support Genl. 
Jackson; I have heard, whether truly or not, I do 
not know that the o-rcatest exertions are to be made, 
for the (General in North Carolina,' I mention this, 
that 3'ou mav be advised early of the doing's & ex- 
pectations here; 

I have heard that a meeting- was to take place last 
Saturday at Warrenton to nominate the General; 
when I left home a great majority in the county ap- 
peared to be for Crawford, & I imag'ine are yet so; a 
meeting for the same purpose, was to take place in 
Hillsborough, the day not recollected 
God bless you & 3'ours 

Nat hi Macon 
(Mr. IJartlett Yancey 

Caswell C- H- 

No Carolina) 

NOTES. I 

'Calhoun did witlidraw and was nominated for the Vii 
Presidency. 

'North Carolina cast her 15 electoral votes for Jackson an 
Calhoun. In the House of Kejircsentativc-s a majority of \\y 
members cast the vote of the State for Crawford. 

Macon to I'anccy. 

Washingtcm .^l-March 1H24 
Sir 

Since my last not much if any change is understood 



JAMES SPRUNT HISTORICAL MONOGRAPHS 79 

to have taken place, in relation to the presidential 
election; Gcnl. Smith ' of Maryland told me yesterday, 
that he believed Crawford was g-aining- in that state. 
Some of the New Kngland members, also say he is in 
their opinion gaining- there: But reports are in cir- 
culation that he is losing in our native N-C- Did you 
only know the Pennsylvania member" who is consid- 
ered the best advised about public opinion in N. C. 
you would be surprised, if not mortified 

What will be the vote of the Senate on the tariffs 
bill & that for internal improvement by federal gov- 
ernment not known, a near one is expected 

I wish, that I could see you & )^our family; In the 
present unsettled state of the politics of the country, 
it is desirable that the republicahs should be always 
at their post; power once lost is not easily regained, 
& republicanism must be preserved in the states, or 
it cannot prevail in the federal Government. The 
opinions of the states will be carried to Washington, 
and that of the people ought to give the tone to both 
governments 

I never was more tired of a session than this, & am 
growing- old faster than is wished; it is the course of 
nature, to which all must submit; I cannot speak a 
half hour without being hoarse 

Crawford was mending he told me, on last friday 
very fast; Mrs. Miller" continues to look well & is as 
lively as you ever saw her, always enquires after you; 
That God may preserve you & your family in health 
& happiness is the sincere wish of your old friend- 

Nathl Macon 
(Mr Bartlett Yancey 

Caswell C-H- 

No Carolina) 

NOTES. 

Samuel Smith, of Maryland, in the House and Senate 1793 

1822 and Senator again 1833-'35. 

I can only guess that it was Daniel H. Miller. 

Passed the Senate and became a law. That for Internal 

provements was also passed. 

Probably the wife of Daniel H. Miller, Congressman from 

nnsylvania. 



80 TIIK UMVKKSITY lUTJ.RTINS 

Maro)/ to }'(i)ircy. 

Washing-ton U May 1S24 
Sir 

Since Ihc rccci[)t ot your last letter notliin<^- has oc- 
curred worth notice, more than you will have seen in 
the news papers: wlien Congress will adjourn (lod 
only knows, perhaps in this month 

It is very probable, that N. Carolina will be the 
place of gre.'it electioneering- this year and that some 
wht) do not now live in the state will either take it in 
their way home, or visit it for the purpose of advisinjj;- 
the f^ood people of the state for whom to vote for 
President iSc Vice President; those expected to visit 
for the purpose, arc the friends of Jackson I mention 
this that you may be advised of my opinion in dui' 
time; it is supposed that King- ' & Aloor"" of Alabama 
& Eaton ^ of Tennessee will take the route, it is the 
nearest way for King, but for the others 1 do not 
inia«j-inc it is. As this is only oi)inion, it is inlended 
for yourself alone. 

The tariffs will I tear pass, it (lei)en(is on two men 
in the Senate both from New I'^ngland, who will 
linally I suspect vi)te for it, provided they can g-et a 
few alterations to suit them 

I never was so tired of being here; n<ir never wit- 
nessed so much shyhogging: the subjects are the 
presidency, internal improvements, & the tarilT, one 
is over, others yet on hand 

I want much to see you, & should l)e equally g-lad 
to see Mrs. Yance}', Init do not expect that it will be 
in my power to get to Caswell; 

Lowrie Mias certainly so far got the bettei of his 
ojjponents; The President has contrived to g-et him- 
self in an awkward situation; nothing it seems to me, 
can be more disagreeable, than for an old man, who 
has spent much of his tinu' in public life, to be about 
to quite the service of the countrv, in a condition not 
to be coveted; 

Remember me in the most friendly terms to Mrs. 
Yancc}', & believe me 

Vr. triend 

N.ithl Macoti 
(Mr. iJartlett Yancey 

Caswell C-H- No Carolina) 



JAMES SPRUNT HISTORICAL MONOGRAPHS 81 

NOTES. 

'William Rufus King-, Representative in Con<r-rcss from 
North Carolina ISll-'K); United States Senator from Ala- 
bama 1819-'44; and 184(.-'53; Minister to France 1844-'4(.; Vice- 
President 1852 to his death, April 18, 1853; Alumnus of the 
University of North Carolina. 

"Gabriel Moore, of Alabama, Representative in Cong-ress, 
1822-'29; Governor, 1829-'3l; U. S. Senator, 1831-'37. 

'John Henry Eaton, of Tennessee; U. S. Senator, 1818-'29. 
Secretary of War, 1829-'31; Governor of Florida Territory, 
1834-'3r); Minister lo Spain, 183f)-'40. Published a Life of 
Andrew Jackson. Alumnus of the University of North Caro- 
lina. 

" The Tariff bill passed May 1824, increasing- duties on iron 
and some ag-ricultural products, by a vote in the House of 105 
to 102. Seven Senators from New Eng-land supported it, 
Samuel Bell of New Hampshire, John Holmes of Maine, Wm. 
A. Palmer and Horatio Seymour of Vermont, Nehemiah R. 
Knig^ht of Rhode Island, Henry W. Edwards and James Lan- 
man of Connecticut. The vote was 24 to 21. 

= Walter Lowrie of Pennsylvania; U. S. Senator 1819-''25; 
Secretary of the Senate 1825-'36. 

Lowrie, who was a Crawford man, authorized the publica- 
tion of a statement that General Jackson had advised Monroe to 
appoint two Federalists in his Cabinet. Jackson and Monroe 
denied this, but after much ag-itation of the subject the let- 
of Jackson, which was the foundation of the statement, was 
publislied. It was found to contain such expressions as, "to 
exterminate that monster called party spirit," "to select char- 
cicters most conspicuous for their probity, virtue, capacity, 
and firmness, without reg-ard to party," and a recomeudation 
to appoint to the war department Colonel Drayton, who had 
been a Federalist before the war. Crav/ford men at least 
thoug-ht Lowrie had proved his alleg-ation substantially, as 
Macon says. Jackson however was not injured. 

Cohmel William Drayton was a Representative in Cong-ress 



82 TIIE UNIVEUSITY BULLETINS 

from SdUlli (\irttlin.-i, 142S-\^3. Ho was ColoiU'l and In^pcrtor 
(uMUTal in llic war nl' 1S12. 



M (I roll Id ) '(1)1 cry. 

Washin.nh.n 25 Deer. 1S24 
Sir 

A (lay or two before I rceeived your letter of the 
22 instant, T had written you a full Sheet, ahout 
matters c't thinj^-s in iij'eneral; today I told Saunders' 
he ouj^htto jii'ivc all the news about the sliyho<r;rinjj^ 
on the election of a president, lu' answered, he had 
written you on the subject; 

With you, I consider the present times vastly im- 
portant. The question most important before tlu' 
people, ct the le<i^islaturcs of the Union and (he 
States is this, at least accordinjj^ to my poor Judjj;-- 
ment; Can the federal government do whatever it 
deems expedient; or in other wor<ls can it promoti- 
the f^eneral welfare in any way it pleases: if it be so 
the rii^hts of a minority are at the will of majority, 
the constitution of the U. S. is either limitled or un- 
limittcd, if limilted the rij^-hts of a minority are pro- 
tected bv it ik do not depend on the will of a major- 
ity: 'I'^he majority wanl no law nor rule, both an- 
made to secure the minority: This paragraph may 
l)e taken as part of my other letter 

All parties here are I believe very anxious to k'tiow 
wlio will be the sue -essor of JUirton ' in the H. of R , 
I have been repeatedly asked, who I thouii-ht would 1k' 
the man: I answered, I had no information upon 
which to base an opinion 

Claims oftc-n heretofore rejected, will I expi"ct jtass 
very cas\- this Sis-^ioii, because tlu-re are three uiil- 
lions of dollars stated to bi> in the Treasury, beyond 
the demands on it, it it is possible other circum- 
stances may aid to j^rt^.t impro])er claims throus^h; 
money not wanted ftir immediate use, had always bet- 
ter l)e in the hands of the people: money ouj^ht nev- 
er to be borrowed unless certainly wanted; pe<iple 
who borrow often and nuuh, never «;ct rich, the 
l)anks I think lould prove this, and borrowini^ k''<>^'- 



JAMES SPRUNT HISTORICAL MONOGRAPHS 88 

ernments arc not apt to get out of (lel)t, witness 
Great Britain 

The enclosed paper ' contains a letter Irom Capt. 
Porter, on which no comment will be made, if G. 
Britain was in tlie place of Spain, a war mi^-ht he 
expected 

The Senate '' has not acted on the bill from the 
H. of R. the object of which is to take possession of 
the mouth of Oreg'on (Columbia) river: I do not 
covet distant posts, the trade in the South Sea, lias 
been carried on ever since we were a nation; & now 
all at once; a post must be maintained there, and 
ships of the navy must be sent to protect a trade, 
which has been carried on, without protection, a fleet 
in the South Sea, another in the Mediterranean, and 
anotlier which is actually needed in the West Indies; 
do not calculate on economy, when money can be bor- 
rowed at less than live per centum: those who hold 
the public debt, never wish it paid, its value depends 
much, on its being- considered permanent 

The rulers ^ of a nation, ought not to be in debt, 
if a just and economical administration is desired l)y 
the people; whoever is much in debt can hardly be 
perfecth' free, he is dependent on his indebtors: and 
a nation in debt always has its strong arm of defense 
tied fast, the longest purse being the longest sword; 
whether in public or private life, those in debt, are 
generally projectors, under the hope that every new 
project may afford them some relief or make then? 
rich; & the law under which the del)ts were contract- 
ed, are not always the laws, by which they desire the 
payment to be made or enforced 

I have now done as I did in my last, written much 
more than was expected when I begun 

That you, & your whole family maybe well iS^ do 
well is the sincere wish of 
Your friend 

Nathl Macon 

NOTES 

' Romulus Mitchell Saunders, Representative in Congress 
rom North Carolina, 1821-27 and 1S41-45. Judge and Attor- 



84 THK^UNIVERSIT Y BULLETINS 

ney (Ic'iural in North Carolina; MiiiisU-r to Spain. lS4(i-'4*». 

Mlutthins Ci. Burton, Kojirosontativo in C()ni>;rcss ISl'i- 
'24, whon lie was elected (iovernor of North Carolina. 

Willis Alston was elected in his place and served 1S2S-,^1. 
He had already served lS(t3-'r>. His unsucesslul conijietitor 
in ISO.^ was Wni. K. Davie. 

'Commodore David Porter in suppressinfj;- piracies landed 
an armed force in Porto Kico. The Spanish (Government pro- 
tested. He defended himself on the f^Tound that the Spanish 
authorities weri' in complicity with the pirates and that his 
action was necessary. He was court-martialed, convicted of 
disobedience of ordeis and susi)ended for six months. He re- 
sij^ned and was for awli ile in the service of Mexico. He re- 
turned to the United Stales and was appointetl Minister to 
Turkey by Jackson. 

*This measure was championed bv .Mr I'^lovd of \'ir^inia, 
whose main ari^ument was tliat it would be of advanta<i^e to 
the whale fishery and to the trade with Chin.i and India. 
H was olijected to because of the inaccessabilit v of the Ore- 
g-on country and the likelihood that if the country should l>c- 
come i)opulous, it could not possiblv bu incorporated into tlie 
Union. The vote against it in the House was 100 to (>1. 
The Kail Koad system has destroyed the force of these ar- 
{jfuments. 

John l-'lovd, Ke])resenlative from 1S17 lo 1S2''; (iovernorot 
Virj^inia ]S2'»-".^4. He was father of John iJ. Floyd, (iovern- 
or of Vir^-inia. IS.^o-'S.^; Secretary of War, lS57-'()0; JJrijL-a- 
dier (Iciural (>! the C'onfederate States. 

' Probablv a thrust at Clav. who wasolten involved in debt. 
Onci' his di'bts wiMX' liischari^ed bv his friends. James C'. 
Johnslon, <d Ivbiiton. briuL; one <d the nuinln-r. He is said 
to have been much addii led to ^amblinj^" Wel)stcr was also 
very careless of pecuniarv oi)liii;ations. but as lu' was not a 
candidate for the Presidency, Mr. .Macon hardly had him in 
mind. 



JAMES SPKUNT HISTORICAL MONOGRAPHS 86 

W)n. Barry Grove to James Hogg. 

Philadelphia, March 17, 1791. 
Dear Sir 

I have the pleasure to acknowledge the receipt of 
your letter of the 12th Kehy under Cover of your oblig- 
ing favor of the 25th from Wilmington: In reply to 
the former I cant helj) wishing you had been at New- 
bern,' as I think tis probable you could have devised 
something that might have been favourable; your in- 
formation however of the good spirits and firnuiessoi 
our Western friends afford me some Consolation, and 
I heartily join you & them in promising ourselves 
better times' & fairer Representation - in our Genl 
Assembly. As a Trustee ^ rely on my attendance and 
exertion at Hillsboro, where I hope to be if I am 
alive to assist so far as in my power to promote the 
Institution. — As to the late Assembly doing more, 
harm, than good, so far as their proceedings have 
gone respecting the Ordinance * matter I join you; 
tho tliey have done good in Lending the Univ. 5000^,,^ 
and I am indeed pleased at the extension of time & 
priviledges allowed our Canal Company;* as to the 
other business I have heard or seen little more than 
merely the Caption of the Laws passed, from which 
one cant judge; and my friends wliile at Newbern were 
not as communicative as I had reason to expect, from 
my attention to them. 

I am really concerned to understand that business 
is dull at Fayetteville, your reason for it I think alto- 
gether probable, to encourage Commerce at our little 
Town ought to be the Wish of every friend to Cape- 
fear. 

You surprise me when you say Moore' has not de- 
livered the Lock. I hope he does not mean to let the 
Winter pass away, and keep us aback another Sum- 
mer for Want of that Lock — I approve of the plan 
for the first Lock, the upper works which it seems is 
most likely to decay can be repaired at small expense 
-you say that the Lock now to be undertaken by Mr 
Monroe' is for the Second Seat, where is the One at 
present finished to be placed — I shall before I leave 
this Country at the rise of Congress make myselt 
particularly acquainted with every information and in- 



86 THE INIVKUSITY BULLETINS 

Iclig'cncc rchitive to the proposed Navij^atioii in lliis 
.Stale &c &c agTfce:il)le to your directions — I am f^lad 
Mr Hay' can afford any assistance toward lacilitatinj^ 
the Work on my account; tis what I have much at 
heart. — 

I am glad you have receiv'd .]JcJiilus/i'' and that it 
pleases you. — before now you will have heard ol" the 
linal ])assag-e &. ratification of the Post-office & l*ost 
road Law, and that our chicr .S'/s/rr Wilminj^ton and 
her Sons, have no just cause to exclaim at a Want ol 
attention to their interests in the rej^ulalion of the 
Post roads; the old route as you speak of from Vir- 
i;ia. by Kdenton, Washington, & Newbern is contin- 
ued to W. ton, and We have added to this a Cross 
Post from Wnton to Fayette, far be it from me to at- 
tempt, (if I had it in my power) to do any thing that 
should, injure the Town or Citizens of Wilmington; 
I have always been conviu'^ed that the true interests 
of that Tcncn and of our invn was the same, they arc 
surely by Nature inseperaoly connected, and why 
should they be jealous of each other; I Could Venture 
to ])ronouncc' the man who wishes to Create any other 
scntinunts, as an Enemy to l)oth places; it would be 
like parting Mini cC- Wife When we reflect on the 
circumstances and manner which the More interior 
parts of our State have been heretcjfore treated on 
the sul)ject of Posts, \Vc arc the pcrso)is w/io sliould 
complain — I may venture to say with great safety, 
that had the present new route been established at 
the Commencement of the New (iovernt. our Citizens 
would not have been so shamefully pillagxd of their 
Ccrtifcs.'" as they have been for want of a conveyance 
of information among the people, this has not only 
been a real loss to individuals but to the State; had 
our own People held their Paper Credit, they would 
have gained the advantage of the increased \'^alue, 
and become friends and attached to that (government 
which they Now in some measure abhor — Mr Hamil- 
ton thinks as I do on ibis subject, and exi>resses real 
C<»ncern at the event: since North Carolinas future 
imp(.)rtance begins to be known from the riches & 
Po|tulation, our Ministers &c will be cautious how 
thev recommend measures in opposition to our Will 
and interests. 



JAJVIES SPKUNT IIISTOHICAL MONOGRAPHS 87 

It appears to ine indeed tliiit the xipos/nlr '' T-y in 
his late vote and conduct was actuated by Chagrin & 
resentment of them, he lost sight of the true interests 
of his Constituents to g-ratify such passions, he is not 
fit to represent Frcenieii, and should be, as I think he 
will be dispised by those who were before his friends, 
and tliereb}-^ become a proper example for future pub- 
lic Characters. — 

I am very happy our Saw Mill proprietors are like- 
ly to g-et a good Market for Lumber. I think it 
probable the disturbences in the We Indies will have 
an effect to keep that article in demand. — 

The subject of the Cession " of our Western Lands 
at the late Treaty with the Cherokee Indians, is most 
undoubtedly a very important and interesting event 
to the Citizens of No. Carolina, and I apprehend will 
be a perplexing affair to Congress: The papers rela- 
tive to that business came enclosed to Doer. W-n '^ 
and are now before Congress, but as the Session is so 
near a close and so much business to be acted on be- 
fore that affair can be talcen up, that I fear no de- 
cision "* can be had on the svibject before we rise, 
however every attention sliall be paid it. — The Mem- 
morials of the No Carolina Merchants '= have been 
read and referred to ihe Committee of the Whole 
House but has not yet been taken ui>; every person 
confesses the peculi;ir hardship of their Situation, 
but seem to think that Congress have not the power 
of redressing the grievance, I have myself long con- 
ceived the Citizens of our Country under these Cir- 
cumstances in a very deplorable situation. 

It was generally believed when Mr Hammond first 
came to America that some Negociation would be af- 
fected wh. might put things with respect to the 
Treaty, & Ccmimerce on a proper footing; but latterly 
I have heard it sug-gested that there is little proba- 
bility of those important events being- brought about 
just now, between Mr H- and our Executive- this in- 
formation is not from the best authority- indeed tliat 
would be in a measure impossible to be attaiiictl as 
the Senators are not very communicative on any mat- 
ters before them. — 

Congress'' has been engaged in a troublesome in- 
vestigation for some days past on a Contested Elec- 



88 TUE UNIVEKSITY BULLETINS 

tion from Georu^ia butwccn Gencl. Wayne & Gctil. 
Jackson; the Election is sot aside and a New ai)point- 
ment must take place. 

The Indian operations have induced a pretty con- 
siderable auiji'nientation of Troops, consequently the 
expenses for the defense of the frontier is g^reatly 
increased more funds for this end than the Surplus 
in our Coffers it seems will be necessary — I sup])osea 
Loan will be the plan — as a further tax would be 
liii^hly impolitic at this time. We expect before Uk- 
rise of this Session to amend the Kxcise Law by re- 
ducing- the tax 8 Cents, and ameliorating the other 
parts as respects searches &c &c &.c — 

As I send the papers regularly to Fayetteville to 
be filed at Col. Dekeysers for the inspection of the 
public, I beg leave to refer you to them generally for 
the News of Philadela. &c., and also my other friends 
who I hope will demand a perusal of them when ever 
they please; the information they contain will possi- 
l)ly be a little stale before they reach Fayetteville but 
when we get the new line of Posts estal)lished you 
shall hear from the Capitol in 8 days or 'J at farthest, 
after the 8h of Ju)ie, I hope you will encourage the 
publishing of a paper at our Town We can certainly 
Support so desirable a thing — 

There can be no excuse for want of News when the 
New Posts are fixed — 

I am sincerely sorry to hear Mr Huskes'^ health 
still continues so unfavorable, and of the many deaths 
about Wilmington this Winter — 

I would ask pardon for the length of my letter, but 
when I reliect that if We were only together for 15 
Minutes I coultl communicate much more than it con- 
tains about Locks, Canals, Politics iStCtSiC. I think the 
ajtoligy unnecessary — Be so good as toremenil)er me 
to all friends — Believe uie with respect and esteem 

Dear Sir 

your fri(.iid 

& very lliini Sort. 



W. 11. Grove. 



Philadela. NLirch I7h 17'»2 
James Hogg escj 



JAMES SPRUNT HISTOIUCAL MONOGRAPHS 89 

NOTKS. 

' The General Asscml)ly met at Newbern in 1791. 

^ By the Constitution of 177G each county was entitled to 
one Senator and two menil>ers of the H(juse of Commons. 
Many eastern counties were small and some western had ten 
times as many voters. The irregularity was partially rem- 
edied in 1835. 

'Of the University, chartered in 1789. The meetini"- was 
on the 4th of Auj^-ust, 1793, and it was then that the Board 
chose by ballot Cypritt's Bridg-e in Chatham county as the 
centre of a circle of thirty miles diameter within which the 
institution should be located. The Commissioners of Loca- 
tion, were, Frederick Harg-ett, Senator from Jones county, 
Alexander Mebane, of Orang-e, soon to be a Rei)resentative in 
Coug-ress, James Hog-g-, merchant of Fayetteville, Wm. H. 
Hill, a Representative in Cong-ress, David Stone, likewise a 
Representative in Cong-ress, and Willie Jones, of Halifax, a 
very influential citizen, not then in office. 

■* The Convention of 1788 enjoined upon the General Assem- 
bly to take steps for locating- the state capital within a circle 
of twenty miles diameter of which Isaac Hunter's plantation 
in the county of Wake was the centre. This was very offen- 
sive to the people of the Cape Fear valley and of the reg^ions 
west because they desired the capital to be at Fayetteville, 
The Act carrying- out the ordinance was therefore displeasing- 
to Grove. 

= Equal to $10,000; for the purpose of finishing- the "Old 
East" Building-, the first erected. The loan was afterwards 
converted into a g-ift. 

* The Canal Company was org-anized to make the Cape Fear 
navig-able to the junction of the Haw and Deep rivers in the 
county of Chatham. A town, called Haywood, was there 
laid out and was expected to be a considerable commercial 
city. 

' Contractors for the Canal Company. The locks being- of 
timber soon went to pieces. 



\n) TlIK UNITEKSITY BULLETINS 

•* John Hay, oininenl lawyrr ot Fayetteville. 

'Sir James Maclnlosh's X'indiciae Gallicae, published in 
17'»1. as an answer to IJurUe's i-lcxjuent assault on the French 
Revolution. It was very jtonular in America as lon,^' as the 
French fever lasted. 

'"One ot the strongest arg-unients against Hamilton's 
scheme of funding- the debts of the United States and of the 
States was that ori»»-inal holders of the certificates, had sold 
thcni at a great sacrifice. James Jacksor-, of Georgia, after- 
wards United States Senator and (iovernor, said, "Three 
vessels have sailed within a fortnight trom this port, freig^ht- 
cd for speculation; they are intended to i)urchase up the State 
and other securities in the hands of the uninfornud, though 
honest citizens of North Carolina, South Carolina and 
Georgia." Hamilton's plan prevailed after much oi)positioii. 

"James Terr}', Senator from Kichmond county, did not 
stand by Fayetteville in the desperate efforts of her friends 
to secure the location of the seat of Government at that town. 
He was probably inlluenced l)y General Henry \V. Harring- 
ton, of his county, one of the Commissioners who selected 
the Kaleigh site and after whom Harrington Street in 
Raleigh was named. 

'"By the treaty of Holston, large areas were given up to 
the Cherokees. H was ratified in 178^). liy a new treaty, 
that of Hopewell, in 17'>1, much land was yielded to the 
whites but the rest remained with the Indians. These In- 
dian lands were mainly in Tennessee and in Georgia. 

'^Hugh Williamson, then member of Congress from the 
Edenton District. He was Professor of Mathematics, Uni- 
versity of Pennsylvania, 1700 '4; Surgeon General of North 
Carolina during the latter part of the Revolutionary war; 
member of the Continental Congress, 17H4~'8r>; delegate to 
the Constitutional Convention of 1787; Representative in 
Congress, 1790-'*).^; removed to New York; died May 22, 1819. 
He published "Observations on the Climate of America;" 
History t)f North Carolina, 1812; and many pajjcrs uu scien- 
tific and political subjects. 



JAMES SPKUNT HISTORICAL MONOGRAPHS 91 

"• In 1783, North Carolina opened a land office to receive 
entries of land in the limits of wliat is now Tennessee, for 
the redemption of military and other certihcates. Many sur- 
veys were maile and j^Tants issued. By the treaty of Holston, 
most of the territory was yielded to the Indians, North Car- 
olina protesting- throuj^h her ag-ent and General Assembly. 
Thomas Person and many other claimants of these lands pe- 
titioned Congress for proj)Lr com])ensatiou, which was refused. 
Subsequently they were granted rigdit of preemption when- 
ever the Indian title should be removed. 

'' On the subject of sei2;ure of our ships. An order in Coun- 
cil of (ireat Britain had been interpreted to authorize the 
seizure of all neutral vessels carrying- provisions to France. 
This interpretation was afterwards disavowed, but not until 
much damag-e had been done. 

"' Georg-e Hammond was the first British minister to tlie 
United States, and Thomas Pinckney was the first from the 
United States to Great Britain. Hammond arrived in 17*>1 
and left 1796. 

'Mieneral Anthony Wayne, after the Revolutionary War, 
settled in Georg-ia on a ])lantation given him by that state. 
James Jackson was a prominent officer of the Revolution. 
He was a Representative in Cong-ress, 1789-91; Senator, 
1793-95 and 1801-'06; and Governor of Georgia, 1798-1801. 
General Wayne was unseated in 1792 on account of irregu- 
larities in the election. In the same year he was appointed 
to be Commander-in-Chief of the army and conquered the 
Northwestern Indians. After being unseated he declined to 
run again and was succeeded by John Milledg-e. 

"* Mr. Jolm Huske, a merchant. He was son of the Private 
Secretary to Governor Burke, who was captured by Colonel 
David Fanning, with the Governor, and carried off to Wil- 
mington. He left numerous descendants. 

Grove to no<(i(. 

Dear Sir 

For want oi a Senate there could be no business 



92 TUE UNIVEKSITY BULLETINS 

done unlill the 2i>ih Nov. when a tiuoruiii oi that 
Boiiy were present and enabled the Machine to pro- 
ceed; the day following- Ihe President laid before both 
Houses his communications tfc details of the state of 
the Union durinj^- the recess of Conjrress — I have no 
doubt but you have seen a co]jy of his speech or ad- 
dress, and the answers of both Houses thereto as they 
have been inserted in all the ncwspajjers, these pa- 
pers contain all of the news worth relatinif here, and 
to lliem I refer you, as the object of the present is 
only to inform 3'ou that I presented your letter 
& memorial' to all the Gentleuun from No C. 
a«4reeable to desire, who I doubt not will do all in 
their power to obtain redress for the Petitioners. 

The memorial it is thoug-ht should not be presented 
untill the Deeds Sec. are here, as tis on their authori- 
ty the claims are founded. I mention this to induce 
3'ou to hasten them along- : dont let any of/c Letter ex- 
ceed 2 oz weig-ht when \'ou forward the deeds, if by 
post. — was there no existing Law of the State, Proc- 
lamation of the Crown or other Lawful! Mandate, for- 
bidding Individual.s or Companies of Suljjrcts from 
purchasing these Lands at the time of the Indians? in- 
formation on this, or any other subject that mav occur 
relative to the business may be necessary. 

Remember me to all m^' acquaintences about your 
place, and believe me to be with respect 
Sir 

Your Hum Servt. 

\V. ]}. (Irove 

Phila. 4th Uecr. 17'»4. 

Mr. John Hogg- left tliis on the 1st for Carolina, 
he will inform you, the taxes of your Latul in Ken- 
tuck v must be ])aid before Ai)ril, or they will be sold 

James Hogg- Esq. 

NOTlvS. 

' Memorial on the subject of the Transylvania land hereto 
fore mentioned. The grants of North ('arolina and Virgini; 



.J/\JVIES SPKUNT HlSTOmCAL MONOCiKAPHS 98 

were available after the extinction of the Indian title. See 
next letter. 

"John HojTiv was a cousin and a partner of James Hog-g-. 

(jTOVC to Hog(r. 

3d Apl. 1794. 
Dear Sir 

I had bcg-an to form conjixturcs what had be- 
come of you, and whether our late misfortunes in Fay- 
etteville mig-lit not incline you to forg-et that Town 
Sl those be long III i^- /() if. Your oblig-ing- letter how- 
ever of the 6th March relieved me, and g-ave me con- 
solation to find you had not lost sig-ht of the interest 
of that unfortunate Spot, and that of its inhabitants — 
The Assembly leaving- us so soon was to me an unex- 
pected, and mortifying- circumstance, and the late Fire 
seem'd to add misfortune, on misfortune — but still I 
hope we shall not be among- the last — I hope yet to 
see our Town rise above its luisfortujics and its ene- 
mies — As I presumed before now you have seen all 
that has been said l^y Mr. Jefferson on the one part, 
and Mr. Hammond on the other Relative to inexecu- 
tion of the Treaty, I need say nothing- on that subject 
as the Correspondence & Reasoning- will wince [con- 
vince] any Man on which side the Reason & justice 
of the investigation Rests; In answer to what you 
ask respecting- Mr. Jeffersons disapprobation of the 
measures of the Executive, I am informed they did not 
extend to the steps taken ag-ainst Mr. Genet &c the 
letters on that subject were quite consonant to his 
own feeling-s as an American, but tis said he differed 
on some subjects with the other heads of Departments 
while the President was in Virg-inia — the Circum- 
stance of his moderation adds to his honor and worth 
onthat occation, as I have heard the Case; the 'French 
Privateer Little Democrat, would have been Fired on 
on &c had he not refused his assent, the Consequenc- 
es mig-ht have been attended with much evil at that 
time — 

It is a Melancholy thing- that such virtue as that 
man° possesses should ever be lost to this country 
while We stand in need of such Characters-his success- 



94 THE UNITEUSITY BLT.LETIN.S 

or is a Com]>arc(l to him either as to Virtue, 

knowledge — Kopublicanism, or Rational (Liberty &) 
Kquality — Doiit mistake me he is no anarch}- man- 
no I)oma<i;"Oiruc of the mob-^But he is for a plain (iov- 
ernment an(l Adminisn. aj^reeably to the Principles 
and form of our Political association and Ro|)ublican 
form of (iovernmcnt — lie is for no IIetcro<»-enius 
introductions of Monarchy &c — Not even in our 
forms, or amusements — IvCt reason and equal ri,u:hts 
and equal fvaws obtain — The Committee on the 
Western Lands^ have Reported Very favorably, but 
I will not Hatter you on the adoption of the Report by 
the Leg-islature, for I know the thin^ will be power- 
fully opposed, principally on the gTound that the 
State had never exting-uished the Indian claims & 
had no rig-ht to sell those Ivands — We will do what 
we can — You will before this reaches 3'ou have 
heard that Cong^ress have been making serious prep- 
aration for the National defence &c. Such objects 
are particular requisite in a Country so unguarded as 
America is at present, but that aspect which some 
Conduct of Great Britian Wears, towards this coun- 
try of late seems to justify & Call loudly for an im- 
mediate preparation of Defence. As I expect this 
letter will meet you at Fayettevrlle I refer you to my 
Correspondence on this subject to my friends & Con- 
stituents there, through Doer. Ingram, Mr. Hay. tSi: 
Mr. Ta^'lor^ — but I cannot forbear saying to you that 
the Court of St James has most unprovokedly acted 
towards America an unbecoming-, unjust, and perfid- 
ious part— and that We have good reason to believe 
( if the events in France have not Checked it) that 
measures were taking to destroy the Peace harmony. 
iK: Ciovernment of United America — 

These things you will naturally supi)ose have 
alarmed us all here, and turned the attention of Con- 
g-ress to the objects of Self Defence and preservation. 
We are taking- the necessary steps to bar our Doors, 
& Repel invasions — if they should be attempted — 
In shcjrt We mean to act just as 3-ou would do your- 
self, if 3'our H(mse was beset by a band of Robbers, 
11}' to your arms and defend your property — An Km- 
bargo has been laid for 3,U Days, it was princijially 
intended to i)revent any more of our vessels lallinginto 



JAMES SPRUNT HISTORICAL MONOGRAPHS 95 

these Pirates hands of the We. Indies, until Wc coukl 
hear more of matters in that quarter & from Eng- 
hind — We have information the orders issued by 
the British Court the 6th Nov. to seize and take all 
Neutral (that is American) Vessels &c for "Leg-al 
adjudication" has been revoked by New orders issued 
8 Jany. and relaxing- considerably of former restric- 
tions on our Commerce — The principal Traders and 
Merchants in London as soon as they knew of the 
orders of the f)th Nov. (which by the way were issued 
privately) were very properly alarmed perceiving- 
the consequences & effects it would produce in Amer- 
ica, they waited immediately on Mr. Dundas as We 
are informed, Who assured them the words "Legal 
adjudication" meant nothing which could affect Amer- 
ican property, the Judg-es however Who it seems had 
the intention construed to them, had actually Con- 
demned great part of 250 American Vessels & Car- 
g-oes under the orders — and We are left to believe 
from that business and some other matters, these 
words would have meant all the Judg-es annexed to 
them, had not the face of Politics wore a different ap- 
pearance in France on the Sth Jany, than on the 6th 
Nov. — 

I hope, and feel confidant that all the Wourld who 
are impartial, must admit that the people and Gov- 
ernt. of America, are not to blame if this Country 
should be engag-ed in war with Britain — and even now 
we shall hold in one hand the Olive branch and sue 
for Peace and justice in the Name of "We the Peo- 
ple of America" — Should it be refused — War I sup- 
pose must be the event, and the other hand which 
grasps the strength of the Nation will be used, & I 
can not help thinking that the energ-y, force & Ven- 
g-eance of Free America will be next to the Wrath of 
G — d — I send you some papers preserve them, & 
make them public — 
I am 

Dear Sir 

Your friend 

& Very Hum Sev 

W. B. Grove. 

Mr. James Hogg, 



!«) THE I'NIVEKSITY KULLETINS 



NOTKS. 



•Tlie Little Sarah" belong-ing- to the British had been cap- 
tured by a French privateer and brought into Philadelphia. 
With the connivance and aid of (icnct, the French minister, she 
was fitted out as a privateer. This was ag-ainst our neu- 
trality laws and measures were taken by the administration 
to stop her. On the assurance of Cienet that the vessel would 
not l)e ready to sail for some time, forcible measures were 
not resorted to, as Hamilton and Knox advised. Genet 
broke his word and the vessel, newly named "The Little Dem- 
ocrat," sailed to jtrey ujion Knj^iish i-ommerce. It was manned 
by American seamen. Wasbinj^ton was on a visit to Mt. 
Vernon. 

"Jefferson resi<^ned in 17'>4. He had j^ained the j^ood will 
of all parties by his spirited action a<^ainst the insolence of 
Genet. He retired to his farm at Monticello and there con- 
tinued for three years keeping himself in touch with ])ublic 
men by liis pen and hospitality, 

'Heretofore explained. 

^ Doctor Ing"ram w'as not a put)lic man. Mr. Taylor was 
John Louis Taylor then a meml)er of the House of Commons, 
afterwards the first Chief Justice of the State of North Caro- 
lina. He afterwards resided in Newl)ern and then in Kaleii;li 
where he is buried. 

Grove to Jinncs. Ilo^^. 

Fhilaa. Jany 23d— 17'M 
Dear Sir 

On arrival here I found that Con<>^ress ha<l just <j:ot 
throu<i;'h reading the numerous c<^mmunications laid 
before them b}- the Executive, most of my leisure time 
since has been devoted in perusinjf those T)apers 
which I have accom])lislied and have now time to 
tliinkof mv friends, and altbo the information con- 
tained in some of those ]»apers produce •j^loomy reflec- 
tions and nothinj.^ very ])leasant to communicate, yet 
mv mind tells me I should write you ////>/ i,'".< viii^ht have 



JAMES SPRUNT HISTORICAL MONOGRAPHS 97 

been zvorsc — as I take it for granted you have seen all 
the correspondence which passed between the Secre- 
tary of State, & the French Minister I need not en- 
ter into any detail on the imprudence and conduct 
of Monsier Genet — I shall only remark that very late 
despatches from the Executive Counsel of France ex- 
press regret in this misunderstanding &c and assures 
the President that nothing of that nature shall or 
can effect the friendly regards the French people 
have for the American nation — What has passed be- 
tween the Secre}' of State, & the British Minister re- 
specting the inexecution of the Treaty of Peace &c, 
I suspect you have not seen, as it has not yet got in- 
to the papers; the subject as handled b}' them, is in- 
deed /)itcrcs/nig iX- important and brings to mind past 
scenes & transactions of a tender & melancholy na- 
ture — Mr Hammond states at large the Complaints 
of his Court, of the Non-compliance & infractions of 
the Treaty on the part of America, urging the denial 
of Restoring the Loyalists, the continuation of con- 
iiscations, and above all the non payment of the Brit- 
ish debts & interest &c &c --to these things Mr 
Jefferson has replied very fully, and in a masterly 
manner on the part of this Countr}- proved that these 
charg-es are in a great degree not founded in exact- 
ness The documents lo prove his assertion are an- 
nexed; he asserts that the two first subjects, the 
Restoration &c, & the further confiscation, were not 
by the Treat}' absolute articles nor intended to be so, 
by the Commissioner for Negociating Peace as ap- 
pears by their correspondence &c on these subjects 
at the time, he argues that the recommendatory ar- 
ticles considering <?// ////;/_i^5 had been more fully com- 
plied with than was generally expected — and that as 
to the Debts No Lawful impedement exists to prevent 
their recovery; as to interest, he argues and proves 
by the laws of England under the present circumstan- 
ces none should be demanded, & that theCommisrs for 
Treating of peace understood the thing so, & left the 
subject open to the power to whom it belonged, the 
Judiciaries in the respective States & Jurors — I 
am of opinion his reason on this subject will be 
thought sound by those who are disinterested; he then 
proceeds to complain of the Violations of the Treaty 



98 THE UNIVERSITY BULLETINS 

1)11 tho pari III (ir llritain, lie states that as soon as 
the Treaty was known A: liostilities ceased, pal])al)lc 
infractions were committed under the authoritv ol 
that j^-overnment to possi/ivc articles of the treaty, 
that J>()(Mi Xej^roes had l)een taken out of the Country 
altho remonstrances on that subject were made, that 
No orders ever have issued for withdrawing- his Maj- 
esties Troops out of our Country &c &c &c these ex- 
planations took place in June 1792 since which noth- 
ing further has passed on the subject, except that Mr. 
J.s rei)resentatitin was transmitted to St James shortly 
after its date and no answer yet made, only that Mr. 
Pinckney' mentions that Lord Granville^ should have 
said to liim he ap]»rt)vedof Mr. J.s answer to Mr. H.s 
letter respectinc]^ the inexecution of the Treaty, from 
this tis to be hoped & expected all controversies on 
that score will soon ha forever removed by a full i oiii- 
pliance of all thinj^s therein stipulated — Some late 
Treaties & reg-ulations entered into by Great Britain 
with Russia, Sardinia, & Spain alTord cause of fear 
and comi)laint on the part of America, particularly 
as reirards our commerce our Trade has already been 
much cramped lSc injured by these Kej^iilations which 
added to the Negoceation of Gt liritain cSl: Spain with 
the Alg'erians has inllamed the minds (»f many to a 
considerable deg-rec; in Septr. our minister was direct- 
ed immetleately to Remonstrate ag-ainst these regula- 
tions which anKmnt to flagrant Violation of the Laws 
of Nations as respects the rights of a Neutral power; 
he was also requested to make known on the Slh Deer, 
the success of this l)usiness, that it should l)e known 
before Congress adjourns— the Algerian 1)usinessis of 
a latter date and would have been the ruin of many in 
this Country only for the Convoy granted to 40 Amer- 
ican Vessels by the Hueen of Portugal, wlio it seems 
is displeased with the unasked friendship or interi)o- 
sitif)n of England and Spain in bringing about the 
Truce between her Majesty ik S]>ain ik these sad Pi- 
rates, the efTect of which would be to prevent that 
trade to her Dominions from America which is bene- 
ficial to both Nations These things among others 
hr.ve Ijeen the cause of a set of Resolutions being 
Moved in the House of Repres. proposing to lay ad- 
ditional Duties on thr Ma luifactures and Vessels of 



JAMES SPRUNT HISTORICAL MONOGRAPHS 1)9 

Nations not having- Commercial Treaties with Amer- 
ica, particuLarlj to effect g-reat Gt. Britain so long- as 
she may refuse to come into commercial Reg-ulations 
with us upon terms of just and reasonable Reciproc- 
ity; many and Various are the advantag-es expected 
from such a system of Politics; tis said it would un- 
doubtedly ohl/'oc that Government to come upon terms 
with us, & admit us into her We. Indies &c &c- that 
she cannot nor will not live comfortably without our 
Custom as consumers, nor without our Produce most 
of which to them is an actual Necessary of Life, and 
that now is the time to insist in this way for as free 
a trade, as we g-rant them, by which means the Value 
of our produce wotild be considerably & immedeately 
inhanced, & that it would free us from those indig-ni- 
ties and shackles in future which have been litterlj' 
thrown on the g-rowing Commerce of our Countrv- 
these are some of the reasons advanced by those who's 
Purity of sentiments I have no rig-ht to doubt but 
who's Politics as respects this subject does not work 
conviction in my Mind I am strong-ly impressed with 
an idea that Politics, & Commerce should if fossihlc 
be kept seperate & distinct, and I can not help think- 
ing- it wants nothing- but a little more Refinement 
among- Nations who are Commercial to Make it so — If 
from Political Motives two powers were to engfag-e in 
War, I am fully of opinion it would be to the real in- 
terest of both parties to suifer an uninterrupted 
Trade — I am of opinion in this commercial subject 
before Cong-ress, Political feelings are to much allud- 
ed to — I confess myself chag-rined at the appearance 
of the unfriendly dispositions Manifested by Spain & 
Britain towards my country, yet I can not think of 
doing- by way of experiment to injure them, what I 
feel conscious might injure the Commercial and ag-ri- 
cultural interests of America, at least for a time; the 
increase of imports & Value of Exports evinces the 
g-ood state of our Trade to a Moderate degree, and 
the rapid addition of American Tonnag-e is a strong- 
proof of the advantag-es already g-iven to American 
Shipping- by our Laws, and the improvements and 
prog-ression of Manufactures among- ourselves is a 
further proof of the g-ood effects of the protecting 
duties on Certain Articles — Let us not be too anxious 



UK) TllK I'NIVKIJSITV Hri,LKTlNS 

Inr tlu' CidldiMi i.'i;i^N, tlK'V will all ^oiin- in i\uv time 
lis lo he ht)|>i.'(l;;iii(l I^ct us not suHer the Co)/.s///n//o//, 
of the lC;i«4"le that produces thiMii, to he iniptircd^ l>v 
too many stiniulatint;- applications. - Congress has 
several matters ol moment hefore thetn Ijut have done 
nothin;^ of eonse^iucnce linally — I understood the As- 
sembly have actually adjourned to \Vake^ not one of 
my friends have acquainted me how or when this was 
done, I really did not expect this event would have 
taken place so so;)n, pray inform mr how it was el- 
fecte<l, circumstanced as things are at the City. 

I am informed the L.indholders' arc to ai)i)lv to this 
Session ol Congress for redress, you remetnlier I told 
vou all docmnents to prove the extiniiiiishmeni <d 
Indian ri<j;-hts would be Necessary- 

I shall now conclu<le this Long" Letter with rcipu'st- 
in*,*- to olTer my respects to Mrs Hoj^ti" .v family, and 
to m\ other friends in ilillsboro. — 
I am 

Dear Sir 

with respect and Esteem 
your friend 
& Iliiml sert. 
\V. I J. (irove 
N. W. 

To forget sa\inji- anvthinj;- of French Politics 
wouldbe lieineous — llu-v as usual present to the Wourld 
anew scene. Their want of 'mo<U'rati<ni is still to be 
lamented, but their Valour ^Coura^^e surmount every 
thinLj", their determination to be Free will baflle all 
attempts lo the contrary — they have been in a singu- 
lar Manner Victorious every Where Duke of York' 
basiled to lOni^lan.l. Coburj^" N: Claircraft are defeated 
Ostend is taken N:C i-CiC iVc &c. 



I have opened this letter to contradict i)art of the 
French News, tis now said the Duke has ni>t tied .v 
that ()slen(l isn«>t lalcen — 

I will write Mr. Alves ne.\t post, be so •^ood as to 
tell him t!ie Transfers of Inler** has not come on from 
(ienl. Skinners otTice yet — tho it should have been 
here before now 

[James IIooo- IC^juire 

llillsborouj^h] 



JAMES SPRUNT HISTORICAL MONOGRAPHS 101 

Notp:s. 

'Thomas Pinckney of South Carolina; Major in Revolu- 
tionary War; Governor of South Carolina, l789-'*i2; Minister 
to Great Britain, 1792 '')4; Minister to Spain, l794-'9(); Rep- 
resentative in Gong^ress, 1797-1801; Major General in the 
War of 1812. He was the brother of Charles Cotesworth 
Piuckney and cousin of Charles Pinckney. 

^ Wm. Lord Grenville (not Granville), the Secretary of State 
for Foreign Affairs, afterwards Prime Minister. 

^ The Alg'erines held some American sailors as slaves. 
Portug'al had quarelled with Algiers and for some time kept 
its piratical vessels confined in the Mediterranean. The Brit- 
ish CtHisul at Algiers procured a truce b}' which the vessels 
were allowed to pass the Straits of Gibraltar, thus leaving 
them at liberty to prey on American Commerce. Eventually 
in 1805 a treaty was made under whicli one million dollars 
was paid fr>r the release of American captives and an annual 
tribute in addition. After the War of 1812 Commodore Decatur 
with twelve ships forced a new treaty, granting an indem- 
nit}', release from tribute and a promise not to make slaves of 
prisoners of war. Decatur then brought Tunis and Tripoli 
to terms. 

The treaties mentioned Ijy Mr. Grove between Great Britian 
and Russia, .Sardinia and Spain were thought to put those 
nations on a better footing in reg^ard to neutral rights than 
the United States. 

^The Retaliatory Resolutions of 1790 failed. They were 
brought forward again in 1794 Init, it appearing that Great 
Britain had modified its oft'ensive order of June of the pre- 
ceding year, its advocates ac(iuiesced in sending a special 
Minister, Jolm Jay, to negotiate a treaty. 

5 The General Assembly held its first meeting at Raleigh, 
the Seat of Government, in November, 1794. 

"This refers to the applicatiou of Thomas l*erson and others 
heretofore explainet!. 

' Frederick Augustus, Duke of Y<jrk and Alhiiny, second 



102 THE UNIVERSITY BULLETINS 

son of Georf^e III. In 17'».> he was sent to the Netherlands in 
command of an expedition to act with the Prince of Saxe- 
Coburjj;- against France. He g-ained no honor. The army 
would have been ruined but for the able management t»t Aber- 
cromb>'. He soon threw up his command and returned to 
England. The Duke of Coburg, and General Clairfait, com- 
manders of the Allied forces, were beaten and Belgium ove-r- 
run. 

"Judge Richard Henderson, James Hogg and others bought 
an immense tract in what is now Kentucky and Tennessee 
from the Indians but the purchase was disallowed by North 
Carolina and Virginia. Each State however gave the com- 
pany 200,000 acres. This allusion is probably to deeds for 
portions of this land. 

Grove to General Steele. 

IMiila. April 2d 't4 
Dear Steele 

I believe vou have lieard from uk- twice since I \\:<<\ 
your favor of ISth Feby, in those Letters I just ac- 
knowledged the rect, of yours and gave you a few 
lines on the sjjur of the occation without replying to 
the several matters contained in it; I have now set 
down to fulfill your request & my own inclination in 
giving you a full account of all lltiiii>s, so far as is 
consistant with the length of a letter, & a regard to 
your r*atience in perusing it — You alTorded me con- 
solation by your observation on the Kest)luts. respect- 
ing Commerce cScc 1 was the only Member from the 
State that did not from a Principle of Policy think 
favorably of the system, C<do (iillespie' had doubts 
but they ended in a fixed opposition, cS: had any tinal 
Votes l)een taken him »!t myself would have been alone 
from No. C - I really join yt)U in the opinion that 
you entertain of the V'iews and Policy of some of the 
Dom — n (ientry, and if we Wrong them in attribu- 
ting those motives to them, tis only paying them 
l>art of the inters, of the W'roii^-^ iii t/ial zvay, they 
liave urged on others — Ihit the Resolutions at i)res- 
ent are in a trance, and if the Motives of the mover 



JAMES SPRUNT HISTORICAL MONOGRAPHS 103 

and some of the Advocates were to brin^ about a mis- 
understanding- between this Country & Gt. Britain, 
they arc likelv to see their Views acco))iph'shed, and 
perhaps like Deamons, so evil is produced, thoy are 
gTatif3'ed no matter from what Cause — In answer to 
your observation, relative to the Pamphleteer & his 
aid, I would not advise any man to ride a mile to Co)'- 
rect them, or their dastardly squibs — tho I would put 
a black mark on them to know them again. 

Shortly after my arrival here from the Assembly 
you & your Public Conduct was matter of conversa- 
tion at our Lodging- one evening, present our friend 
Macon, The Ho)iol. John Brown ^ of the Senate, Colo • 
Blount, Colo Parker, and Colo McDowall, with some 
New England Gentln. who live at Francis's with us, 
and a certain Hii(h Priest' of the Jews I believe, tho 
a mig-hty Dominion Man — Some of the Company by 
insinuations &c &c, "were induced to fear your Con- 
duct was disaproved of g-enerally in our State," & in 
your own Country in particular — that you were not 
fond eno\xg\\ of the Virg-s. or as I replyed you were 
not subservient to them — You were too intimate with 
Mr Hamilton, as proof lie h.id Breakfasted with you 
— "in short, time would show tliat the People of our 
State would desert you" — I need not tell you to all 
these things I did not liesilate to reply in pretty warm 
terms and to lug out the monster (:;/z'v which I consid- 
ered had Created these sentiments — I ended by say- 
ing wliat I vervly believed without any flummery, 
that for every Vote 3'ou had ever given, you had an 
honorable & honest motive, & that you were the most 
Popular Man in the State, and that before the then 
Sessn. of Assembly rose, if an oppory. offered, my 
declaration would be Verifyed — so that independent 
of my pleasure at your appointment of Major General 
I felt my judgment at stake. The Honol- J — e, ' 
'"''Cauvauied'"^ A^mi laug-h at the expression, it suits 
the idea I meant to convey, and you know tis ortho- 
dox from the Dc?ivation; he felt for the honor of his 
Honol. friend, & all the Honol. Military Gentl. of his 
District &c — I laughed, I soothed, I reasoned, I did 
better, I told him as he was inelligeble from the pres- 
ent Honol. station he was in, I did not know a man 
in the Division so proper in my opinion as yourself — 



104 THE UNIVERSITY BULLETINS 

this in a dcj^rec lullcil his active soul to rest — If he 
had less Vanity 6i a little more understamlinj^ he 
wouUl be passable — all these things as vou say are a 
sort of Contldential seribble — 

To i^ive you a tolerable idea of the Worthies of 
Congress is uo easy job — of the New Hands however 
I shall try to g"ive you some impression of the aiiili- 
ties &c of the Speakers so far as I am Capable of 
judg-ing- — lets begin at the foundation, & at North 
Point — from N. H. Mr Sherebourne ' is a man of 
talents and speaks handsome, tho seldom— Massts. 
Mr Uexter ' a calm reasoner, rather refined for Com- 
mon ears, a man of good sense — Colo Lyman ' often 
on the floor, not very liowery nor tedious, but a little 
of Roger Sherman" in Cun-g — Genl. DearBorne '" an 
old Continental officer, Strong natural sense, and in 
all a pretty clever man — better lifted for the Military 
than a Legislator however — C-t- Mr Swiff-speaks 
sometimes — a good natured man, tho no Orator — Mr 
Tracey '" a man of humour and a strong mind, he is 
of considerable Weight — ^tho not verv refined in his 
pronunciation or Language, he is like most of his 
Country Men clear headed, knows what he would be 
at, and has a tolerable manner of expressing himself, 
that others may see his o:)ject — Mr Coit '* — speaks 
very seldom, tho in my opinion with perspicuity, & 
handsomely — R. L '^ — you know the old Member, & 
the new one does not Speak in the House — N. V. 
Mr Watts '" from the City is no Orator, but I believe 
he is a man of pretty good understanding. Mr (iil- 
bert '■ — Speaks correctly, tho has an iuipedeinent — 
N — Jersey — no new Speaker— P-a - Mr. Smiley '* 
a man who was very Popular in the State Assemblv. 
he is a gieat Demo- and taulks tolerable Well — vou 
know Mr Scott "^ — he is a right sensible old NLm— 
I) '— ,all the Oratory of that State in theSenate M Mr 
Smith ■' of lialtimore — a Red hot Ihiining Speaker, a 
good Merct. — a Warm Patriot — rather too much liri' 
for a Politician and a Calm Legislator — V-a- Mr 
Nicholas' — A good Voice iSc tolerable orator, he is 
loo warm & fond of anufxing wrong nioiivcs to those 
wJKMlilTer from him Mr. Ilairison,'' a pleasant Man 
and spe.tks pretty well N. C. — Oh. ;ili -ves. true- 
you are acijuaiiit then with the (i^iitleinan / (i/iei>e — 



JAMES SPKUNT HISTORICAL MONOGRAPHS 105 

S. C. — Mr Hunter '■' is a man of sound judgment, and " 
a tolerable Speaker — G "^-Mr Carnes "' has Handsome 
talents lor Speaking-, but from Diffidence or other 
causes, he seldom says anything- — So, I have gone 
throug-h the Continent in Uie lower House, perhaps I 
have not done Gentlemen justice, but really I meant 
not by what I have said to iujurc one of them — Now 
Mr G — be so g-ood as Step up Stairs, and take a peep 
into the Senate Chamber — That Mighty Conclave, 
where it has been Surmized Majestic Majick dwealt, 
where the illumined minds of mortals shone so hrig-ht 
as to exclude the rays of light from Heaven — where 
it has been sug-g^ested that Dang-erous Vice sets as a 
Mirror on a throne, to make that hateful Monster 
aristocracy lose all its proud & surly Features by 
dressing- it in the garb of Drusilla — The Deception 
however is discovered, and the Lords, the Mig-hty 
Lords, are to be beheld as soon as accomodations can 
be prepared for the People, who in their Compassion 
must behold some of them with Pity because they 
may expose their Weakness in an ung-uarded hour — 
to be short with you the Doors of the Senate are to be 
open next Sessn. — when some of the Within will shew 
their Na/ccdness — I was prent at times during- the 
Discussion of Galatines Election, he has lost his seat, 
not having- been an Actual Citizen 9 years — tho an 
Inhabitant 11 years or near it, he only wanted a few 
months - The Genl.-^ is still that warm and Vocif- 
erous Orator you knew him — When below, he spoke 
so that those aljove, mig-ht hear, Now he wants 
those below to participate — Go-vr. Martin-"' was a 
5///f" Advocate for opening- the Doors, and g-ained no 
small Credit for his perseverance, & success in his 
Motion — 

It is indeed a ver}' unpleasant thing- to be conlined 
in a Close room, or indeed in a ho~l-l-w L-g- '' in a 
Warm day — By the Lord you'l bring- me into a 
scrape — 

You ask what influence brt. Randolph in — I answer 
it, by saying- tis the question every one asks, and No 
one can tell — I think from the g-enl. opinion let 
what ever influence put him in, he will carry not 
much out I suspect — even the Virg-inians are dis- 
pleased at the appointment — but tis said Madison 



106 THE UNIVERSITY BULLETINS 

would not iiccepl it — It is said Knox ^' &: Hamillou 
will resign — I dont boUovc it — tlio if We should have 
a War, I think tis i)robable Hamilton will he Comnul 
in Chief — He is Certainly a Man of fine talents, 
and altho I dislike his Politics on many subjects — I 
do admire his Genius — I go very seldom to Court '" 
and less to Madams than usual the Thciitre takes off 
many Ladies — & 3'ou may often make your Bow to 
her & Miss Custis and perhaps not see five Ladies the 
whole evcng-. — I suspect your remark that a Man 
should make his iVod on Tuesdavs to be remembered 
is true enoug"h — 3'ou know however the A/a//, what- 
ever he may think he says little on any subject— altho 
I think he is more relaxed in his conversation than 
formerly^ 

I assure you I felt concerned on hearing of the 
Death of the old Genl. " — I sincerelv wish all his 
family Well and am Sorry for the Girls if he had fail- 
ed in making- |)ri>per Provision for them— for in my 
opinion they are Deserving- of every thing that should 
make them Happy there not having Fortunes would 
not lessen their Worth in my Mind — and if I remem- 
ber Well I thought Pol-y- a remarkable line Woman 
— I wish then both well Married & very Happy — 

"Hey ho~so, she has i,'v/ // at last has she — Does 
Anderson become a Member of your Town? I told 
(ienl. Lock'*' the Widow was renewing- her age, it 
that I expected she would Cuptizatc him when he got 
home — Your apology for what you call trilles in 
your letter was not necessary, every thing- relative to 
a Mans Country & acquaintencesis interesting to him, 
more especially when he is from home — and such lit- 
tle anecdotes are to the mind, what Syllabubs, Cus- 
tards and ice Cream are to the Stomack after a 
hearty meal, they tend to assist digestion and qualify 
the Cruder substances, as I mean to begin a new 
Sheet with a New Sul>iect I must end this space with 
this subject — then such tritles assist, and tend, tend: 
tt) fill up a Sheet as I have done this, & as Boys eat 
bread to fill up chinks 

I believe Mr Macon & myself have Warned you ol 
the threatening^ Storm, I assure it has a dark appear- 
ance— Orders were privately issued from the Court 
of St James on the <.th Novr. to all the armed Ves- 



JAMES SPRUNT HISTORICAL MONO(iRAPHS 107 

sels &c of his Majesty, to seize all Neutral Vessels 
bound to or from the French Islands and take them 
as Lawful prize &c— our trade to France has been 
knocked up b}^ a similar order in Aug-t — but it beins^ 
made public our Merchants & Vessels conducted ac- 
cordingly^ and no very great injury was done further 
than prex^enting us pursuing- a fair & profitable trade 
— remonstrance was made — and a promise in part to 
restore property &c however this further order of 6th 
Nov. was issued and put in force before our Minister 
at London knew any thing of the business — he wrote 
on 25th Nov. — when he informs us Lord Grenville 
expressed great respect for the Americans & their 
Neutral rights — that his Majesty was pleased at their 
prosperity and a D — n deal more such stuff — when at 
that very time or a few days before they had issued 
orders to Seize & Condemn all our Vessels which 
were on a fair Commerce, for the Americans were al- 
lowed to trade to the French Islands before the Death 
of the King nearly 2 years — We have received with- 
in a few days a taulk Delivered by Lord Dochester to 
the Indians, full of hints and insidious languag'e, 
pointed at the Und States — he tells them tis not un- 
likely his Master may be at War with us — &c &c. 
and that they shall find a Friend in the British Peo- 
ple either in Peace or war — that We have forfeited 
these Lands & Ports or words to that amount — Our 
Consul at St Eustatia has given us a few days ago an 
account officially of the Depredations & Spoilation 
Committed by the British Creuzers under the order 
of the ()th Nov. upward of 250 sail American Vessels 
are taken, 15U Were Condemned — and the same fate 
awaits them all — you must at once see the effect these 
things added to all other injuries produces in the pub- 
lic mind against that faithless Government of Gr. 
Britain — In Novr. last that Perfidious Court full of 
hope & Conscious of success, from her uncommon ex- 
ertions & that of the allies against France— had be- 
yond any Manner of Doubt formed a plan oi Ruining- 
the Commerce of America, and our growing Marine, 
of prostrating us once more at her feet where No 
Mercy is to be expected — and perhaps all i)owerful by 
her allies she meditated a Serious design of Subju- 
g-ating Freedom, Liberty & Republicanism, in Ainer- 



108 TiTE uxivt:usity bulletins 

ica, that Spot where the Sacred tlatiie first appeared 
in modern times, and I hope it may never l)e exlin- 
g'uished but by a total annihilatioa of the Very Karlh 
itself — That such a plan and System has been Con- 
templatetl by Britain & her Ct)mbined Despots Ijei^fins 
to appear as clear as day - They thoug"ht Con(juer- 
in«^ France & Dividing- it would be Nothing-, While 
Freedom and the rights of Man in a rational sense 
remained triumphant in America, that spot where 
French Men CaugMit the Never dying flame, the ef- 
fects of which has Shaken Europe to its Center, and 
made every Tyrant Sluulder on his Throne — I say 
they thought reducing France to lier former Misery, 
would be but half the Work, they premeditated the 
putting the ax to the root, and that must be done in 
the United States — What a Scene of horror dc^es 
the very idea present — and what feelings do they pro- 
duce in an American breast — America the assylum 
for the oppressed and Virtuous of all the World, 
where even Vice itself loses its powers in a measure, 
because there exists little inducement to be \'^icious 
— Where all Men enjoy under a System of Laws e(|ual 
rights, & equal advantages. Where the rights and in- 
terests of Strangers are guarded & protected in a 
peculiar Manner — Where the Citizens & the Governt. 
in their intercourse, with other Xtitio)is, treat them 
with Friendship, Justice. & open Candour, Where the 
Subjects of iill Nations can dwell in peace & safety, 
pursue their several occupations, and retire with all 
their IClTects to their Native Country, loaded with the 
Wealth they acquired among us — under such circum- 
stances is it not wonderful, is it not Melancholy, 
that there should exist a Set of Men, Combined oy 
fell ambition — to Destroy the Peace & harmony of 
such a Country — Yet such has been the Case I do 
believe- and had not the French been so graciously 
successful the last Winter, I suspect American lUood, 
would have mingled With the t'ut throats of luirope 
in our own Country before Next Jaiiy — 

l>ut the Kcpublican French have been uncommonly 
l'\>rlunate in repelling their ICneinies, so much so as 
to g^ive a strong hoj»e Pearo iii.tv be eNpecte<l. or at 
least the fangs of tlu' Lvonar».'so blunted as lo.q)pre- 
hend less danger from him — and John Hull begins to 



JAMES SPKUNT lUSTOKK^VL MONOOHAPirs 109 

be tired of the business tis believed — Tho we have 
yet g-ot Nothing- from Mr Pinckncy since Novr. — 
An Embart^o is laid for 30 days, it may be the means 
of making Sir Chs Jervis and his troops in the We 
Indies keep tent; until we know more of matters — tho 
we have by way of We Indies a New Set of instruc- 
tions of the 8h J any — annulling- the orders of the ()th 
Novr. and g-iving- Americans some little more freedom 
of trade, but We will shew them before We are Done, 
Americans dont intend to obey the King^ & Counsil — 
as our fore Fathers did; they order Matters better in 
America Now — a Resolution has been under Discus- 
sion for two days proposing- to Sequester all British 
debts to be pd. into the Treasury as a fund to pay 
the Amern. Citizens in case Justice is not done them 
by the British Govert — 1 confess I do not like to 
meddle with private Contracts, but really I see no 
other mode of Securing- such a faithless Governt. to 
Keep the Peace & Do Justice — 

We have a plan before us for org-anizing- 80 Militia 
— I send you the plan as Reported, to raise 800 More 
Men to g-uard the Several Ports and Provisionally 
15000 Reg-ulars in Case of War these thing-s will as- 
tonish you I am sure, tho they are only propositions 
— I am for No other force than the Young- Men of the 
Militia from 18 to 25 — or so and particularly while 
tis Not Certain we shall Want no other force — The 
increase of Expenses, Fortifications, purchasing- arms 
&c &c &c will make the current expenses upwards of 
five & one half Million Dollars for 94 — the probable 
Dcficiences of Revinue is 2,340,000 Dollrs. 'deducting- 
the probable Dcficiences of impost — I am one of 15 
— a Committee on this sul)iect to report ways & 
means — We have done Nothing- final yet, we had a 
Meeting- yesterday, & had Secry H — before us, he ap- 
peared cursedly Mortifyed-^ Those on the Commit- 
tee who had been always opposed to References to 
him on this Subject made no g-reat Show — I ex- 
pected Mr Madison would have come forward with 
some System but he did not — I suspect We Shall 
Employ the Secry yet — Stamps on Law papers & 
assig-nments was proposed be taxed as one fund, Car- 
riag-es of Pleasure, and finally Land — I really fear 
We shall be obliged to lay a small tax on Land, or 



110 THE I'NIVF.KSITY nnXETINS 

Polls What do you think Will the People run 

the risque of leaving- our Country in a defenceless 
State rather than pa}' a Land tax-- 

I sij^ned a paper a few days ag^o drawn up by Haw- 
kins, addressed to the People of the State, tis to be 
in II()dt>es paper— I dont know that it Can do any 
harm, but on reflection I wish I hail not put my Name 
to it — Macon was the only one that did not si«rti ii 
— all our acquaintences are Well - h\'irewell my 
De.'ir Sir and Itt me hear from voii Adieu 

W. B. Grove 

(ienl. Steele 

NOTES. 

' James (rillespie, of Duplin County. North Carolina; Kep- 
resentative in Con<;ress 17'J3-''i*), and lS03-'0n. He sui)ported 
the Resolution, for retaliation on Eng-land. 

'John Brown; deleg^ate to the Continental Congress from 
the Kentucky District 17S7-\SS; Representative in Conj^-ress 
l78V-'92; one of the first Senators from Kentucky 17',»3-1«04. 
He was the last survivor of the Congfress of the Confederation. 
He died in 1804. 

Thomas Blount of North Carolina. I\\presentalive 17'».V 
"V) and 1805-7; ao-ain 1811-'12. He died in 1812 and is buried 
at Washin<4ton. He was Lieutenant in the Revolution .mfl 
afterwards Major-General of ISHlitia. 

Josiah Parker, of Virginia; Representative 178M-1801. 

Joseph McDowell, of North Carolina; known as of Quaker 
Meadows; fought at King's Mountain; opposed the ailoplion 
of the Federal Constitution in 1788; Representative in Con- 
gress, 17*).>-'95, and again 17*)7-'*>'). Some say that Dr. 
Joseph McDowell, of Pleasant (hardens was the Representa- 
tive of the latter date. 

' I suggest that Albert Gallatin is here meant. ?Ie had 
been refused a seat in the Senate because he had not been 
naturalized nine years. He was not a Jew but being a for- 
eigner and especially odious to the Federalists by his having 
been concerned in the Whiskey Insurriilion and b}' his ag- 



JAMES SPUaNT inST()KI(!AI. MONOGRAPFIS 111 

tjfrcssive ability as a leader of the opposite party, Grove may 
have suspected that he was of that relig"ion, which was then 
more unpopular than in recent years. Gallatin was a Repre- 
sentative from Pennsylvania, 1795-1801; Secretary of the 
Treasury, 1802-'14; Minister, with Clay, Adams, Bayard and 
Russell to neg-otiate the treaty of Ghent in 1814; Minister to 
France 1815-'23; Minister to Great Britain 1826-'27. Removed 
to New York City, where he was President of a Bank, of the 
New York Historical Society and the United States Ethno- 
logical Society. Died 184<). 

" I am doubful as to the identity of this g-entleman. Spruce 
McCoy, of Salibury was a State Judg-e at that time and "Plon 
J-e"( Judge) may mean him. There is no evidence that he 
was in Philadelphia. Matthew Locke of Salisbury was a 
member of Congress but was never a Judg-e. Perhaps he had 
been Chairman of the County Court and Grove may have given 
him the title sneeringly. 

5 This word is an Americanism, corrupted from curvetting, 
i.e. prancing- around. 

* John Samuel Shenburne; lost a leg in the Revolutionary 
War; Representative l793-'97; U. S. District Judge from New 
Hampshire, 1804-'30. 

' Samuel Dexter; a Federalist; Representative l793-'95; 
United States Senator l79.S-'99; Secretary of War, May 13. 
1800; of the Treasury, December 31, 1800; a leading- prac- 
tioner before the Supreme Court of the United States. Pub- 
lisheda poem, "Progressof Science," and avolumeof Speeches 
and Pamphlets. 

^William Lyniaft, Brigadier General of Militia; Re])resen- 
tative, l793-'97; Consul at London 1805-'ll. 

* Roger Sherman; a Judge in Massachusetts and then in 
Connecticut; delegate to the Continental Cong-ress, 1774-'84; 
delegate to Constitutional Convention of 1787; Representative 
in Cong-ress, 1789-'91; Senator, l791-'93. His high reputation 
will hardly be diminished by Grove's charg-e of "cunning-." 

*" Henry Dearborn; resident of Maine, when a part of Massa- 



Hi THE UNIVEKSITY BULLETINS 

cliuseUs; Major Gciural of Militia, 17S«); Represenlativr, 
17'».V<>7; Secretary ot War, ISOl -'(>'); Senior Major General in 
tlK- war ol 1S12; Minister to Porlngal, lS33-'24. 

" Zi'plianiah Switt; Keprcsentative, 17*)3-'')7; Chief Justice 
of Supreme Court of Connecticut, ]8()(i-'l*); Member of the 
ll.irtford Convention; I'uldislud some law hooks on leg"al suh- 
jects. 

'"Uriah Tracy; Representative, 17*i3-'")(); United States 
Senator, 17'M,-'lS(i7. Dijd at Washing-ton, 1807. 

'Uoshua Coit; Representative, 17'»3-''>S; died 17'>S at New 
London of Yellow^ Fever. 

'^The old member was Benjamin IJourne; the new, (icorg-c 
Leonard. 

"John Watts; Representative from New York City, \~'kW'>F>. 

"' Ezekicl Gilbert; Representative, 1793-'')7; was a lawyer at 
Hudson, New York; Paralyj^ed, 1S12. and was a sufferer for 
thirty years afterwards. 

'"John Smilie; Born in Ireland; Representative, 17"^^-'*»5 
and 17')*M813. Died 1S13 at Washington. 

'"Thomas Scott; Representative, 17S<)-''Jl, and 17'J.V'J5. 

"^'Delaware. The Senators from this State were then Hen- 
ry Latimer and John Vining. ^'ining was a frefpient speaker, 
Latimer not at all. Probaldy Grove had in mind the distin- 
guished George Read, who resigned in the latter part of 17'J3. 

"'Samuel Smith; a Revolutionary Colonel; .Rei)resentative 
1793-1803, and 181()-'22; Senator, 1803-'15, and 1822-'33; Com- 
manded Maryland troops in repulse of British at Baltimore, 
1814; Mayor of Baltimore. 

"John Nicholas; Representative, l7'^3-lt>Ul; ReuKucd to 
Geneva, New York; Member of State Senate and County 
Court Judge. To be distinguished from Wilson Cary Nich- 
olas, delegate to the Constitutional Convention of 1787; U. S. 
Senator, 1800- '04; Representative, 1807-'O<», an<l (Governor of 
Virginia, 1814-'17. 

-'Carter B. Harrison, Representative, 17*»3-"M'». 

^■•John Hunter; Representative, 17*J3-'95; U. S. Senator, 
17'<7-''tS; a farmer. 



JAMES SPRUNT HISTORICAL MONOGRAPHS 11^ 

"^Thomas P. Carncs; Born in Maryland; settled at Millcdo-c- 
dlle, Ga.; Attorney General; Judg-e of Supreme Court of Geor- 
gia; Representative, l7*)3-'95. 

'^The Senate sat with closed doors until 1795. This was 
/cry unpopular, especially in North Carolina where the cus- 
:om had been for the members of Congress to ap|)ear before 
he General Assemblies and report their actions. 

^* James Jackson; Senator from Georg-ia, l793-'95. He was 
I Representative, 17S9-'91. 

"^^ Alexander Martin. Born in New Jersey; Graduated at 
I'rinccton, 1756; began practice of the law in North Carolina, 
772; Colonel of the Continental Line at Brandyvvine and Gcr- 
nantown; State Senator l782-'85, and l789-'92; Acting (iov- 
^rnor of North Carolina, l781-'82; Governor, l782-'85, and 
L789-'92; U. S. Senator, l793-'99. 

^°This humorous sally alludes to the charge against Gov- 
ernor Martin that he hid in a hollow log at Germantcm. The 
natter was investigated by a court martial, which acquitted 
lim. 

^'Edmund Jennings Randolph; Aid-dc-camp to Washington; 
\tt0rne3- General of Virginia; delegate to the Continental 
Congress, 1779-''82; Governor of Virginia, l78()-'88; Attorney 
jenernal of the U. S.,l789-'94; Secretary of State in place of 
Fefferson, resigned, 1794-'95; Invited to resign in consecjuencc 
)f an apparent intrig-ue with the French Minister, Fauchet. 
3e published a "Vindication" of his conduct, which many 
:hink is unsatisfactory. 

^' Henry Knox of Massachusetts; Major General in the Rev- 
olutionary war; Secretary of War, 1789; Resigned in 1795. 
(Alexander Hamilton, Secretary of the Treasury, resigned the 
>ame year. 

^^Washington's levees were held every Tuesday afternoon 
From three to four o'ch^k precisely. The guests stood and he 
walked to them, saying a few words to each, bowing but not 
shaking hands. The levees of "Madam," or as she was 
usually called "Lady Washington," were on Friday evenings 
8 



114 THE UNIVERSITY BULLETINS 

from t'iii'lil to U-n, aiul usually were attended bv the fashion 
able of the city. She was a charmiiiii- hostess. The I'rcsi 
dent often attcndeil and seemed to enjoy the l)eautv an 
sparkle. Miss IClcanor (Nelly) Custis was the dauii^hter o 
John Parke Custis, son of Mrs. Washing-ton, after her father' 
death adopted by the General. She was very vivacious an 
attractive. She married Washington's nephew, Lawrenc 
Lewis. 

''^Probably General John Smith, of Rowan, who marrie 
the widow of Moses Alexander of Cabarrus, the mother of (tox 
Nathaniel Alexander, and William, Marl< and Wallace Ale> 
ander, all in the Continental Line of the Kevolutionary arni\ 
Wallace was a Senator from Lincoln County. One of hi 
daughters married Archibald Henderson, and another. Wm 
Locke, nejihew of Judge Locke. 

"Matthew TvOcke; Representative, 17').^-'*7, from North Cai 
olina. Mr. (irove's sarcastic allusion to a new North Care 
lina Representative was ]>ointed at Jose]>h McDowell and no 
at Locke, I think. 

Grove to Ho go, 

f.th Feby 1795 
Dear Sir. 

The enclosed sheet of our Journal will inform 
you what was tlie result of the Vote in Congress on 
the api)licatioti by Thos Person &. others for Com- 
pensation for Lauds in the So. We. Territory — 

The sul)ject took up great part of two days and I 
believe nothing was omitted that could be said on 
either side. Mr Smith S C was an able advocate, 
but the House seemed assured the Indian claims had 
never I>een fairly extinguished since the Treaty at 
Long Island of Holston in 1777 — which gave the 
Indians that part of Hendersons pvirchase lying on 
tlu- head waters of the Cumberland River — 

A projtosition is now made which seems to be gi'n- 
erally approved of, that a Treaty should be held with 
the Indians tS: their right purchased when the Pro- 
I)rictors ()f Land in that Country Would have their 
titles perfected and might occupy their Property — 



JA]tfES SPRUNT HISTORICAL MONOGRAPHS 115 

We have had no determination on the Companies 
Claim, but from what was Said on the other subject 
I have no expectation any thinsa: ^an be done for them 
exclusively — We therefore Wait under a hope the 
Indian claims may be purchased, or at least that an 
attempt ma}' be made — I shall write you ag-ain on 
this subject — 

Mr Jay has entered into a Treaty with the British 
Govert., which We hope & believe will be favorable 
to this country, altho the several articles are not 
known — as soon as it arrives & is conlirmed by the 
President & Senate it will l)e published — The last 
accts. from the Seat of War in Europe, they were as 
usual Fig-hting- away like Mad men on all sides The 
French are still Victorious in Holland and Spain — 
We were induced to believe from some late accts. that 
a Peace was desired & concluded between the French 
and some of her Enemies, but this rather doul)tfull — 
I am 

In haste 

Your friend 

O HSer 
W B Grove 
[James Hogg Esq 

Hillsboro. No. Carolina] 

Grove to Hoi^g. 

Philaa. Jany 4th, 1797 
Dear Sir 

You have no doubt seen the Charges ' of the 
French against the Government of the United States 
as exhibited by their Minister Mr Adct through the 
medium of the public prints; this unexpected event, 
& strange conduct of our old allies has naturally cre- 
ated considerable alarm & anxiety, the more as we 
understand they are in the West Indies executing 
the Decree in the most extensive latitude by seizing 
& condemning all American Vessels & Carg-oes with- 
out paying much regard to forms, or to the Ports 
from which, or to zvhich, they are bound — these 
C/icrrors are the mere i)retects thrown out to Colour 
their Decree, which is in open Violation of Treaty & 
the Laws of Nations, neither of which is regarded by 



110 THE UNIVEUSITY BULLETINS 

them, when they stand in the Way of their present 
L(miiii t/cs/i^u of cutting up all commerce to British 
ports, disreg-a riling- the Consequences it may have on 
the Neutral commerce, & particularly on the (/ S. as 
they know our Trade is mostly with Gt Britain — 
Thus these two powerful rival Nations are inattentive 
to Justice or principle, towards others; if they can do 
<ac/i other (III iii/in\\ they are regardless of the Means; 
and alas, the unprotected American commerce is at 
their mercy and they have treated it as if they knew 
Not What Justice or Merry Was — 

"The enclosed Paper contains a leng-thy repl}' Sc 
refutation on the part of our Government, of the 
French charg-cs of "■iiisiditoHS Nentr(i/itv''\'(rc ii-c — 1 
I hojie there is not a real American who does not feel 
as he oug-ht on such an occasion, a contempt for such 
a declaration, against the Will oi a Free People, who 
desired to be at Peace with the Wourld, & have 
dealt fairly with all. 

That the Government of the Ud States eluded & 
defeated all the plans and intrigues that has been on 
foot to Yoke America into the European War has 
probably given offence to the French and if using- 
every rational & honourable Means to Maintain 
Peace in this Country, & keep free of the Desolating 
War of the old Wourld has been an offence to the 
g;ood People of America, their (iovernment has been 
i(iiilt\ of it — It is to be hoped the Negfociations 
g-oing- on at Paris may speedily terminate the War, 
otherwise our Commerce to Foreig-n Countries will be 
in a great measure ruined, & the Government will of 
course be driven to the necessity of a Direct Tax, 
which sul)ject is now before us to be in readiness for 
Deficiencies of import cV ''J\)nnage — 

Mr Adams is Elected President,' tfc Mr Jefferson 
Vice, — this is as we both wislied, if I remember — 
the latter Gentleman will serve, & expresses satisfac- 
tion at the Election of Mr A — whos Character & 
Patriotism it seems he, does, «&, ever res])ected — 
that Mr Adams got only one Vote in our State, tC- 
Mr Burr 6, rellects no great judgment or resi)ect of a 
Proper Character to fill so important an office as Presi- 
dent, in our Electors — Mr B could not get one 

\'ote in the State he belong-ed to, ik. where he was 



JAMES SPRUNT HISTORICAL MONOGRjVPHS 117 

bred & born, nor in either of the adjoininj^ states — S: 
yet he g-ot 6 in No. Carolina — Mr Adams did not 
lose one Vote in 8 States — and got some votes in 4 
others — I hope his Conduct in the Execution of the 
high trust reposed in him ma}^ prove Satisfactory to 
his Country, & may be the means of shewing to the 
Wourld that he is a real friend in action and Prin- 
ciples, to the Republic of America, as established by 
our Constitution. 

The Winter is the most Severe one, that has been 
known for many Years, and the Westerly Wind pre- 
vents us g-etting late information from the other side 
of the Water — The articles •* for the University were 
shipped from London in Novr., cS: the Vessel is not 
yet heard of--this may prove a further disappoint- 
ment to the University; & a loss to Mr Richardson by 
whom they were to be imported — — I shall be 
gratified on hearing- from you, the News and Politics 
of the State — remember me to all acquaintances in 
and about Hillsboro — 

Believe me to be 
Dear Sir 

with esteem and regard 
your Huml Serf. 

W B Grove 
James Hog-g esq, 

NOTES, 

'These charges were in substance, as summarized by 
Tucker: 

a In abandonment by the United States of their neutral 
rights. It w;is contended that the United States would insist 
on the principle that neutral ships make their carg-oes free, 
and resist the extension of the list of contraband articles. 

h That the United States had violated the treaty of 1778, 
especially in not giving French vessels more privileges in our 
ports than English vessels. 

c That the Jay Treaty with Great Britain discriminated 
ag^ainst France. 

d That the Cabinet in 1793 discussed the tpiestion whether 



118 THE UNIVERSITY BULLETINS 

llu' treaties witli I'^raiice were Windini^, also whetlier they 
woulil receive the agents of the i>r()scrihe(l princes. 

c That the United States made an insidious procl.iuiation 
of neutral it}'. 

J IJy chicaneries the courts ol the Ignited States were 
unjust to French privateers. 

i,'- The United States ha<l eluded the offered mediation of 
France witli Aljj-iers for relievinj^ American prisoners. 

h It allowed French vessels of state to be arrested, contrary 
to treaty. 

/ It sulTered Kng-land to interru])t its commerce with 
France. 

/ It suffered English vessels, which had insulted the United 
States, to take refuj^e in her ])orts and thence cruise aiiainst 
the French. 

k It in effect applauded Eng-lish audacity; allowed Frencli 
colonies to be blockaded. 

/ It eluded French advances for more favorable treaties, 
while it souj4"ht a treatv with En«i;dand whicli i)rostitute(l its 
neutrality, and forgot the services France had rendered in the 
war of the Revolution. 

;;/ That from the New York Coffee House the entwined 
flags of the two nations had been removed by the proprietors. 

n That an American almanac had failed to give precedence 
to French diplomacy. 

I) That the consular convention between the two nations 
had been rendered illusory in two particulars. 

p That Minister Fauchet, on leaving the United States, 
bed been subjected to annoying treatment by a Hritish shij). 

^The answer of the United States as given by Tucker was, 
in substance: 

That the United States did not violate our treaty or weaken 
our engagements with France; that no resistance was made 
to the measures of (ienet and others of her agents, except 
what was recpiired by our laws and neulr.il obligations; that 
it never acquiesced in violation of our rights or stii>ulations 



JAMES SPRUNT ItlSTOKICAL MONOGRAPHS 119 

with France, but has opposcMl them always; that it has fur- 
nished France all succor allowal)le to neutrals; that the 
United States as a sovereign, as well as by provisions of the 
commercial treaties with E^rance, had the right to enter into 
commercial treaties with Great Britain or any other nation; 
that no facts showing- partiality to Great Britain could be 
produced. 

If there has been g-reater promptitude to act against unlaw- 
ful acts of French cruisers, it was because they were more 
frequentl}' committed on account of the g^reater sympathy of 
our people with them. And when British ships of war 
entered our waters with their prizes, the g-overnment had no 
means of punishing such infractions without calling out the 
militia. 

'In the election of 1796 Connecticut, Delaware, Massachu- 
setts, New Hampshire, New York, Rhode Island, Vermont, 
voted solid!}' for Adams. Maryland gave him 7 out of 10 
votes. North Carolina 1 of 12, Pennsylvania 1 of 15, while 
Georg-ia, Kentucky, South Carolina and Tennessee voted 
solidly against him. Kentucky g-ave Burr 4 votes, Maryland 
3, North Carolina 6, Pennsylvania 13, Tennessee 3, Virg^inia 
1. Jefferson received 4 each from Georgia, Kentucky and 
Maryland, 11 from North Carolina, 14 from Pennsylvania, 8 
from South Carolina, 3 from Tennessee, and 20 from Vir- 
g-inia. Thomas Pinckney had from Connecticut 4, Delaware 

3, Maryland 4, Massachusetts 13, New Jersey 7, New York 12, 
North Carolina 1, Pennsylvania 2, South Carolina 8, Vermont 

4, Virginia 1. There were 15 votes for Samuel Adams from 
Virginia, 11 for Oliver Ellsworth from Masssachusetts, New 
Hampshire and Rhode Island, 7 for Georg-e Clinton from 
Georg-ia and Virg-inia, 5 for John Jay from Connecticut, 3 for 
James Iredell from North Carolina, 2 for Georg-e Washing-ton 
from North Carolina and Virginia, 2 for John Henry from 
Maryland, 2 for Samuel Johnston of North Carolina from 
Massachusetts, and 1 for C. C. Pinckney from North Caro- 
lina. Thus Adams had 71 votes, Jefferson 68, Thomas Pinck- 



120 THE UNIVKKSITY lU'LLF.TINS 

nc}- 5*) and Burr 30, an<l uikIlt the constitution as it was then 
Adams was President and Jefferson Vice-President. Pinck- 
ney was a Federalist and Hamilton vainl}- endeavored to have 
liim receive more votes than Adams. The total number of 
votes was l.^S, but it was not reiiiiired that tlie X'^icc-President 
should be chosen by a majority. 

^The articles, electrical and other apparatus, for the Uni- 
versitv of North Carolina, arrived safelv. 

(trove to Steele. 

Fayette Ville Octor. lst-lS()2 
My Dear Sir 

I returned yesterday from Ilillsbror, 
where I went on the 'Hh Sejitr. with Mrs. G — on a 
Visit to her friends; on my return I found in the 
Post oftlce your favor of the U)th ult. which gave me 
the first information of your return home, altho' I 
made enquire}' after you while in Oranj^e — T hope 
ycmr Family have recovered since you wrote, & that 
you continue to enjoy yood health in the Native 
climate; tho' Salisbury is looseini^f its reputation of 
beinjj;- healthy. 

From your letter, &. the Copy of the one to the head 
of your f)eiiartment, which you have done me the 
favor to enclose for my perusal, I perceive with re- 
ji^ret, that you have new cause to be dissatisfied with 
your position in the (Tovemt. 

As soon as I read the report of the hncstn^aiiiig 
discriminatinjj- & criminatin*;- Committee, I could not 
help seeintJ- the r/<T/>r/// ma(le at the Former Treas- 
ury Dcpartt.' From the temper & Views of the ma- 
joritv of that Committee, It was to be a]>])rehended 
they would sieze on every possible case to injure the 
feeling's it reputation of the former Adminisn. but 
from tlie E.xamination S: report of the Committee of 
the session before last, on the Treasury Departnt, I 
did suppose the new invest io-ator$ would find little to 
add, as to that branch of the Government; but in the 
si)irit of the times, they have wisely ^nd economically 
discovered, that for want of their le^nl dad savini> 
eoiistrnrtioii of the acts of Congress, monies have 



JAMES SPRUNT HISTORICAL MONOGRAPHS 121 

been disbursed without an act ot appropriation, of 
course these monies shoukl be refunded, & they the 
Committee appointed as a standin»r Board of expoun- 
ders-!-The contempt mixed with indij^uation which 
the late Report excited in me caused me to think, 
that the Men of sense and decency of their party 
would condemn it; as a crude, partial. & io-norant pro- 
duction — & that tho' they mig-ht for political reasons, 
zvink at its censure; I did not presume the head of 
any Departmt. would sanction & adopt the report as 
the rule of their office — 1 am really sorry to find thi're 
is reason to believe it otherwise, & that the present 
Head of the Treasury in the case of Woodsidc is dis- 
posed to g-ive a new construction to the Law, so as 
to produce a clashing of opinion Between your Judg- 
ment & former decisions, and his own — If this differ- 
ence of ojiinion on the meanin<j;of a Law, arises alone 
from the honest & impartial Juds^Muent of the Secre- 
tary, or is unconnected with any other cause or mo- 
tive than a desire to construe Laws fairly, 1 can not 
tliink it should add to your inducements to leave the 
Department — of this you alone can best judi^e — But 
while you are permitted to think and act indepen- 
dently on your own Judg"ment and sentiments, & are 
treated with that delicacy aud attention due to your 
services, your Character & your situation, I ir [ost] 
(.■arnestly wish you to continue in office — If this is 
not the case I know you too Well, to suppose you 
would act with any set of Men. — 

We have no news here, and were it not for 
the railing's & abuse of Uuane,"' Callander, &c. 
ag-ainst each oth.r, we should consider the papers 
(lull, l)ut these fellows unfold some things worth 
knowing- respecting- the falsehood & knavery which 
has been g-oing-on among- them, & are fulfilling- two 
thing-s, that Dog- will eat Dog-; and that when 
rogues fall out honest men come to their rig-ht — 

I am Very certain 3'ou join me in regretting- — sin- 
cerely reg-retting- the fate of poor Spaig-ht \ }Ie has 
fallen a sacrifice to his own Violence of temner, for 
he might have adjusted his dispute with honor, with- 
out g-oing- to extremities — 

Flour will probably continue about 5 to $7 — Cot- 
ton fr(mi $12 to $15 pr. Cwt. picked — 3 to 3 1-2 for 



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